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Articles 2161 - 2190 of 10443
Full-Text Articles in Entire DC Network
Movement For A Gasfield Free Northern Rivers And Its Applicability To Other Movements, Mariah Thomson
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
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
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.
Interpenetration Of Powers: Channels And Obstacles For Populist Impulses, Anya Bernstein
Interpenetration Of Powers: Channels And Obstacles For Populist Impulses, Anya Bernstein
Washington International Law Journal
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 …
Yogyakarta Plus 10: A Demand For Recognition Of Sogiesc, Andrew Park
Yogyakarta Plus 10: A Demand For Recognition Of Sogiesc, Andrew Park
North Carolina Journal of International Law
No abstract provided.
Interpenetration Of Powers: Channels And Obstacles For Populist Impulses, Anya Bernstein
Interpenetration Of Powers: Channels And Obstacles For Populist Impulses, Anya Bernstein
Faculty Scholarship
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 …
Native American Cultural Dissonance & Dark Heritage Solutions, Victoria Parker
Native American Cultural Dissonance & Dark Heritage Solutions, Victoria Parker
Student Scholarship
This paper argues that public institutions have an obligation to consider the weight of their responsibility to educate and inform the public about all forms of American history and heritage. Moreover, public institutions should embrace controversy, engage discourse and proactively work on exhibiting balanced representations by re-working or removing antiquated and false narratives surrounding Native American history. In this paper, I proffer solutions from case studies, examples, models, and my own perspective as a Native American tribal member, as to what public institutions and curators can do in the future to deal with cultural dissonance and creating awareness of (Native) …
Galactic Preservation And Beyond: A Framework For Protecting Cultural, Natural, And Scientific Heritage In Space, Matthew Rosendahl
Galactic Preservation And Beyond: A Framework For Protecting Cultural, Natural, And Scientific Heritage In Space, Matthew Rosendahl
William & Mary Environmental Law and Policy Review
In July 2017, Moon Express, a private spaceflight company, announced plans to build an outpost on the South Pole of the Moon by 2020. The goal? To mine the Moon for minerals and water that could then be sold for profit. Indeed, the Moon has been found to possess resources with lucrative uses, both in space and here on Earth. The potential for huge rewards has incentivized several private and governmental actors to launch planned expeditions to the Moon, with China becoming the third nation to land a spacecraft there in 2013. Both China and India have since announced plans …
Recognizing The Assemblage: Palestinian Bedouin Of The Naqab In Dialectic With Israeli Law, Victor Nasser Rego
Recognizing The Assemblage: Palestinian Bedouin Of The Naqab In Dialectic With Israeli Law, Victor Nasser Rego
PhD Dissertations
In the five case studies, we examine how Israel, as a collection of individuated interests given expression in the form a state, is in a dialectic of recognition with the Naqab Bedouin community. Recognition happens on a few registers. Palestinians from the Naqab seek recognition for their particular identity and lifeways. They seek legal recognition for their living spaces. And they seek these things from the Israeli state, the sovereign. But the struggle for recognition from the sovereign is fraught, particularly in settler colonial situations like this one, in part because it pivots around a particular identity for which autonomy …
The Courier Conundrum: The High Costs Of Prosecuting Low-Level Drug Couriers And What We Can Do About Them, Adam B. Weber
The Courier Conundrum: The High Costs Of Prosecuting Low-Level Drug Couriers And What We Can Do About Them, Adam B. Weber
Fordham Law Review
Since the United States declared its “War on Drugs,” federal enforcement of drug-trafficking crimes has led to increased incarceration and longer prison sentences. Many low-level drug couriers and drug mules have suffered disproportionately from these policies; they face mandatory punishments that vastly exceed their culpability. Drug couriers often lack substantial ties to drug-trafficking organizations, which generally recruit vulnerable individuals to act as couriers and mules. By using either threats of violence or promises of relatively small sums of money, these organizations convince recruits to overlook the substantial risks that drug couriers face. The current policies of pursuing harsh punishments for …
Algorithmic Fair Use, Dan L. Burk
Algorithmic Fair Use, Dan L. Burk
University of Chicago Law Review
Legal governance and regulation are becoming increasingly reliant on data collection and algorithmic data processing. In the area of copyright, online protection of digitized works is frequently mediated by algorithmic enforcement systems intended to purge illicit content and limit the liability of YouTube, Facebook, and other content platforms. But unauthorized content is not necessarily illicit content. Many unauthorized digital postings may claim legitimacy under statutory exceptions like the legal balancing standard known as fair use. Such exceptions exist to ameliorate the negative effects of copyright on public discourse, personal enrichment, and artistic creativity. Consequently, it may seem desirable to incorporate …
[Dis]Integration: Second-Order Diversity And Schools, Anders Walker
[Dis]Integration: Second-Order Diversity And Schools, Anders Walker
All Faculty Scholarship
This article challenges the prevailing definition of diversity in schools. Borrowing from legal theorist Heather Gerken, it argues that diversity is best understood not simply as a rationale for creating integrated spaces, but also [dis]integrated ones, places where minority students and faculty can occupy majority positions, and are able to exercise majority control. Such spaces serve legitimate pedagogical goals that are different from those associated with statistical integration, and therefore warrant consideration by courts tasked with reviewing the use of race in university admissions.
Law Students Go To The Movies Ii: Using Clips From Classic Hollywood Movies To Teach Criminal Law And Legal Storytelling To First-Year Law Students, Philip N. Meyer, Caitlin A. Davis
Law Students Go To The Movies Ii: Using Clips From Classic Hollywood Movies To Teach Criminal Law And Legal Storytelling To First-Year Law Students, Philip N. Meyer, Caitlin A. Davis
Journal of Legal Education
No abstract provided.
Visual Literacy For The Legal Profession, Richard K. Sherwin
Visual Literacy For The Legal Profession, Richard K. Sherwin
Journal of Legal Education
No abstract provided.
Unjust Cities? Gentrification, Integration, And The Fair Housing Act, Olatunde C.A. Johnson
Unjust Cities? Gentrification, Integration, And The Fair Housing Act, Olatunde C.A. Johnson
University of Richmond Law Review
What does gentrification mean for fair housing? This article considers the possibility that gentrification should be celebrated as a form of integration alongside a darker narrative that sees gentrification as necessarily unstable and leading to inequality or displacement of lower-income, predominantly of color, residents. Given evidence of both possibilities, this article considers how the Fair Housing Act might be deployed to minimize gentrification’s harms while harnessing some of the benefits that might attend integration and movement of higher-income residents to cities. Ultimately, the article urges building on the fair housing approach but employing a broader set of tools to advance …
Empirical Legal Scholarship: Observations On Moving Forward, Shari Seidman Diamond
Empirical Legal Scholarship: Observations On Moving Forward, Shari Seidman Diamond
Northwestern University Law Review
Empirical legal scholarship was once a novel and contested participant in the legal academy. In the twenty-first century, it has emerged as an active and valued player. That is not to say that empirical research has replaced doctrinal scholarship, or even that an empirical perspective is uncontroversial as a foundation for conclusions about how the legal system ought to operate. The current legal landscape, however, does reflect that empirical legal scholarship is now recognized as a legitimate contributor to our understanding of law and the operation and effects of legal institutions.
Eddie Murphy And The Dangers Of Counterfactual Causal Thinking About Detecting Racial Discrimination, Issa Kohler-Hausmann
Eddie Murphy And The Dangers Of Counterfactual Causal Thinking About Detecting Racial Discrimination, Issa Kohler-Hausmann
Northwestern University Law Review
The model of discrimination animating some of the most common approaches to detecting discrimination in both law and social science—the counterfactual causal model—is wrong. In that model, racial discrimination is detected by measuring the “treatment effect of race,” where the treatment is conceptualized as manipulating the raced status of otherwise identical units (e.g., a person, a neighborhood, a school). Most objections to talking about race as a cause in the counterfactual model have been raised in terms of manipulability. If we cannot manipulate a person’s race at the moment of a police stop, traffic encounter, or prosecutorial charging decision, then …
Prosecuting In The Shadow Of The Jury, Anna Offit
Prosecuting In The Shadow Of The Jury, Anna Offit
Northwestern University Law Review
This Article offers an unprecedented empirical window into prosecutorial discretion, drawing on research between 2013 and 2017. The central finding is that jurors play a vital role in federal prosecutors’ decision-making, professional identities, and formulations of justice. This is because even the remote possibility of lay scrutiny creates an opening for prosecutors to make commonsense assessments of (1) the evidence in their cases, (2) the character of witnesses, defendants, and victims, and (3) their own moral and professional character as public servants. By facilitating explicit consideration of the fairness of their cases from a public vantage point, I argue that …
How Two Sunken Ships Caused A War: The Legal And Cultural Battle Between Great Britain, Canada, And The Inuit Over The Franklin Expedition Shipwrecks, Christina Labarge
How Two Sunken Ships Caused A War: The Legal And Cultural Battle Between Great Britain, Canada, And The Inuit Over The Franklin Expedition Shipwrecks, Christina Labarge
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Law, Cultural Heritage, And Climate Change In The United States, Casey J. Snyder
Law, Cultural Heritage, And Climate Change In The United States, Casey J. Snyder
Pace Environmental Law Review
Climate change is a reality. What happens climatically over the upcoming centuries is partially dependent on the comprehensiveness of a global response to curb emissions of greenhouse gases. However, within a century, forecasts predict a one-meter sea level rise that could have grave implications to our society: the loss of an incalculable extent of cultural heritage. This Article examines the threat climate change poses to physical cultural heritage, like archaeological sites and historic structures, and the current framework of law, regulation, and policy in the United States meant to protect these resources. This Article blends research and data from climate …
Defining Authentic: The Relationship Between Native Art And Federal Indian Policy, 1879-1961, Aurora Kenworthy
Defining Authentic: The Relationship Between Native Art And Federal Indian Policy, 1879-1961, Aurora Kenworthy
Honors Program: Senior Projects (Public)
Between 1879 and 1961, non-Native perceptions of what constituted authentic Native art shifted. These changing perceptions were influenced by, and then in turn influenced, federal policy and legislation. While non-Native individuals and groups worked to improve conditions for Native communities and to protect “authentic” Native art forms, Native reformers also attempted to enact change to help Native communities and Native artists exercised control over their own art and identity.
Rethinking Social Resistance Through The Consolidating Politics Of Humanitarian Populism In Mytilene, Greece, Othon Alexandrakis
Rethinking Social Resistance Through The Consolidating Politics Of Humanitarian Populism In Mytilene, Greece, Othon Alexandrakis
Indiana Journal of Global Legal Studies
During the spring of 2015, thousands of migrants began to arrive daily on the shores of Lesvos, Greece, from nearby Turkey. As the Greek government and the European Union (EU) monitored the unfolding situation, diverse ad hoc humanitarian projects flourished on the island. These projects enacted a field of action grounded in intersecting, concerning effects and values of care. This essay considers the challenges these projects posed to the local, national, and transnational humanitarian apparatus that eventually moved in and attempted to regulate these players. Drawing on recent work in anthropology on sense and critical agency, I discuss these challenges …
Original Nation Approaches To "Inter-National" Law (Onail): Decoupling Of The Nation And The State And The Search For New Legal Orders, Hiroshi Fukurai
Original Nation Approaches To "Inter-National" Law (Onail): Decoupling Of The Nation And The State And The Search For New Legal Orders, Hiroshi Fukurai
Indiana Journal of Global Legal Studies
To elucidate the basic tenet of ONAIL, this paper is structured in the following way.5 The first section defines the nation and the state, as the misuse of these terms and related concepts has gravely obscured, distorted, and misrepresented the identity, role of law, geography, history, and reasons and causes behind conflicts and wars, regional struggles, refugee flows, genocide, human rights violations, and rapidlydegrading condition of natural environment and ecosystems. Terms such as the state, nation, and nation-state have been used interchangeably, despite the fact that their origins, geographies, histories, and relations to the role of law are quite distinct. …
Law, Politics, And Populisim In The U.S.A. P.A.T.R.I.O.T. Act, Jothie Rajah
Law, Politics, And Populisim In The U.S.A. P.A.T.R.I.O.T. Act, Jothie Rajah
Indiana Journal of Global Legal Studies
The U.S.A. P.A.T.R.I.O.T. Act is legislation that simultaneously brings into being very particular notions of the American 'national' and, as its counterpart, a post-9/11 "global." Through a study of the Patriot Act, my paper unpacks the co-constitutions of national/global and a related series of binaries: domestic/foreign; patriot/terrorist; us/them; and innocence/evil. By exploring the structuring logics and language of these binaries in the Act, my paper scrutinizes the global role of U.S. legislative text in our world: a world in which "a global society has come into being but possesses as yet, no institutions proper to its name."1 In the context …
Topoics In Criminology And Criminal Justice Ccj 200, Karen Morse
Topoics In Criminology And Criminal Justice Ccj 200, Karen Morse
Library Impact Statements
No abstract provided.
A Humble Tribute To Professor Deborah Waire Post Upon Her Retirement, Deborah Zalesne
A Humble Tribute To Professor Deborah Waire Post Upon Her Retirement, Deborah Zalesne
Journal of Race, Gender, and Ethnicity
No abstract provided.
Graffiti, Speech, And Crime, Jenny E. Carroll
Graffiti, Speech, And Crime, Jenny E. Carroll
Faculty Scholarship
Graffiti resides at the uncomfortable intersection of criminal law and free speech rhetoric. It is not the shout of revolution to the gathered, protesting masses, or the political pamphlet flung from a 1920s window. Graffiti is not the obscene-rendered-political-jacketed protest of war, or a flag set aflame in the name of reclaiming patriotism. It is an illicit scrawl. It is damage and defiance rolled into one from the moment of its creation. Graffiti is a crime.
Unlike more celebrated examples of free speech, graffiti earns no safe harbor from the First Amendment. When asked to choose between the tag that …
Ethics In Criminal Justice Ccg 333, Karen Morse
Ethics In Criminal Justice Ccg 333, Karen Morse
Library Impact Statements
No abstract provided.
Code Mixing As A Form Of Indonesian Identity Based On The Motto Of Bhinneka Tunggal Ika, Fajar Muhammad Nugraha
Code Mixing As A Form Of Indonesian Identity Based On The Motto Of Bhinneka Tunggal Ika, Fajar Muhammad Nugraha
International Review of Humanities Studies
In 2018, the Language Comission of the Ministry of Education and Culture (Kemendikbud) of the Republic of Indonesia has made verification towards all the languages that exists in Indonesia. The verification conducted from 1991 to 2017 resulted in 652 languages to be found. That number still does not include the dialects and their sub-divisions of the 652 languages. Meanwhile, UNESCO recorded 143 languages based on their vitality status. Identity can be interpreted as similarity or unity with others in a certain area or other things (Rummens, 1993: 157-159). "The identity possessed by an individual can be in the form of …
Fulfilling Climate Justice And Government Obligations To Alaska Native Villages: What Is The Government Role?, E. Barrett Ristroph
Fulfilling Climate Justice And Government Obligations To Alaska Native Villages: What Is The Government Role?, E. Barrett Ristroph
William & Mary Environmental Law and Policy Review
Climate change has had significant impacts on lands and communities across the United States, and particularly on Alaska Native Villages (“ANVs”). These Arctic and sub-Arctic indigenous communities, which are often remote and rural, depend on the land and water for their nutritional and cultural survival. My research draws from 153 interviews and conversations with ANV residents and those who make or influence policy for ANVs, along with local, state, and federal plans and laws relevant to ANVs and climate change. I consider the current and potential role of the federal and Alaskan governments in assisting ANVs and other communities to …