Digital Commons Network^™

A Tricky Negotiation: Free Speech Versus Insensitivity, Melvin Dilanchian

Washington University Undergraduate Law Review

The central question presented in this paper is whether specialty license plates constitute government speech, and are thus subject to disapproval by the Board of the Texas Department of Motor Vehicles. The core concerns reviewed in this research, largely focus on defining whose speech specialty license plates are. The purpose is to investigate and analyze the precedent established as a result of a recent case, Walker v. Texas Division, Sons of Confederate Veterans. The paper thoroughly reviews the arguments made in the majority opinion, as well as those of the dissenting opinion, with an interdisciplinary approach. The argument presented …

The Ohio Model For Combatting Debtors' Prisons, Jocelyn Rosnick, Mike Brickner

Michigan Journal of Race and Law

In 2013, the ACLU of Ohio released a report titled The Outskirts of Hope: How Ohio’s Debtors’ Prisons Are Ruining Lives and Costing Communities. The report exposed the blatantly unconstitutional practice in courts across Ohio of jailing people who were too poor to pay their court fines and fees, and along with our ongoing advocacy efforts, resulted in sweeping change across the state. This Essay looks at the destruction modern debtors’ prisons have on individuals, families, and communities and overviews the research, advocacy, and communications tools the ACLU of Ohio has used to successfully combat debtors’ prisons. The goal is …

Do We Need Subject Matter-Specific Pedagogies?, Kris Franklin

Journal of Legal Education

No abstract provided.

Access To Ecological Justice For The Marginalised People Of Indonesia: Is It A Genuine Or Pseudo Recognition And Protection?, Nurjaya I Nyoman, Rachmad Safaat

Indonesia Law Review

The era following the 1972 Stockholm Declaration and subsequently the 1992 Rio de Janeiro Declaration, brought about a great amount of concern of the international community, in developed as well as under-developed countries, for human environment and natural resources preservation, management and protection. It includes the equitable allocation and distribution of natural resources as well as fair participation in environmental decision-making, respect and recognition of rights of the people and particularly indigenous communities. This is the so called access to justice for all that refers to a genuine access by people and communities to obtain just and fair democratic mechanism …

Peasants’ Land Rights Claims Over Plantation Companies’ Sites In Central Java, Indonesia (1998-2014), Siti Rakhma Mary Herwati, Yanuar Sumarlan

Indonesia Law Review

This article reveals the opening of political and legal opportunities for the landless peasants of Central Java at the end of the 1990s to reclaim their lands that were confiscated during the end of the 1950s through a nationalization program to take over Dutch-controlled lands. Taking two sites of plantations that have been targeted as the peasantries’ land reclaiming campaign, this article shows the processes of the reclaiming, the responses of both plantation companies and state, and the respect of the state over rights to access to lands or property rights of the peasants as citizens. Using some legal and …

His Feminist Facade: The Neoliberal Co-Option Of The Feminist Movement, Anjilee Dodge, Myani Gilbert

Seattle Journal for Social Justice

No abstract provided.

Realism, Freedom, And The Integral Development Of The Human Person: A Catholic View Of Education, Michael Scaperlanda

Journal of Catholic Legal Studies

No abstract provided.

Utility, The Good And Civic Happiness: A Catholic Critique Of Law And Economics, Mark A. Sargent

Journal of Catholic Legal Studies

No abstract provided.

Mediating Our Future: The Role Of The Land Buy-Back Program In Rebuilding Confidence And Strengthening Trust Between Tribal Nations And The United States Government, Brieann West

Journal of the National Association of Administrative Law Judiciary

The role that government regulatory agencies like the Department of Interior, Bureau of Indian Affairs played in enforcing Native American land leasing and land rights issues has changed substantially over the past five years. Current changes include, empowering American Indian tribes to exercise autonomy over tribal land leases, and the introduction of the Land Buy-Back program. Despite these positive strides, several questions remain; including, how reuniting previously divided allotments of land and placing them in trust will impact the current trust relationship? Should tribes have more say over which fractionated land allotments receive purchase offers and how these lands will …

Books Received, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

Prison Privatization And Inmate Labor In The Global Economy: Reframing The Debate Over Private Prisons, Alfred C. Aman Jr., Carol J. Greenhouse

Fordham Urban Law Journal

No abstract provided.

Distance Education And Intellectual Property: The Realities Of Copyright Law And The Culture Of Higher Education, Michele J. Le Moal-Gray

Touro Law Review

No abstract provided.

Dialogue On State Action, Martin A. Schwartz, Erwin Chemerinsky

Touro Law Review

No abstract provided.

Program

Health Law & Policy Conferences

No abstract provided.

Having A Say: Democracy, Access To Justice And Self-Represented Litigants, Jennifer Ann Leitch

PhD Dissertations

Access to Justice is one of the most contested issues on the law-and-society agenda. There is a long-standing exchange over its meaning, objectives, and success. Beneath that engagement, there is a deeper and more basic debate about the overall ambitions for access to justice: is the goal to improve peoples access to the legal process and generate more positive outcomes (the practical thesis), or to enhance peoples participation and ultimately their ability to affect justice as an end in itself (the democratic thesis)? This thesis adopts the latter approach.

The plight of self-represented litigants (SRLs) offers a revealing glimpse into …

Getches-Wilkinson Center Newsletter, Spring 2016, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-)

No abstract provided.

The Autonomy Of Chinese Migrants Despite Structural And Social Determinants, Helen Yu

Independent Study Project (ISP) Collection

China is currently undergoing one of the largest domestic migration movements in its history, as hundreds of millions of its citizens move out of their countryside homes into urban areas to seek work in the wake of the nation’s rapid globalization. This paper examines the lives of these migrants – how much agency they have over their decisions and their destinies while simultaneously subject to overarching controls set onto them by economic circumstance, government laws, and cultural traditions. It explores how they subvert tradition and former government policies by leaving home, and how they respond when confronted with discrimination in …

Hanoians’ Experience: Suspending Moral Bias To Recognize Human Dimensions Of War, Maggie Norsworthy

Independent Study Project (ISP) Collection

Talking about, and learning lessons from The American War in Vietnam can be a process whose genuine engagement requires a suspension—even if temporary—of moral and cultural biases that are embedded in the Western mindset. This research project is one that composes military strategy, government rhetoric, and very human accounts of war in Vietnam in order to understand how people in Hanoi experience and talk about war, with an ultimate aim of making some of these stories and lessons digestible to a Western audience.

My findings discuss some key components of the North Vietnamese mindset towards the American War in Vietnam: …

"Uniting For Peace" And Humanitarian Intervention: The Authorising Function Of The U.N. General Assembly, Michael Ramsden

Washington International Law Journal

Although the end of the Cold War has seen the functional expansion of the United Nations Security Council, concerns still remain over its legitimacy, driven in part by its failure to address serious and persistent human rights abuses. While this has resurrected arguments in favour of the doctrine of humanitarian intervention outside the U.N. Charter framework, little attention has been paid to how the U.N. General Assembly may authorise such enforcement action under a U.N. mandate through the invocation of the Uniting for Peace mechanism. Some dismiss Uniting for Peace as little more than a relic of the Cold War, …

Easing The Transition: Proposing A Supranational Body To Facilitate Formalizing Economies, J. Berkeley Bentley

West Virginia Law Review

No abstract provided.

Prove Yourselves: Oliver Wendell Holmes And The Obsessions Of Manliness, John M. Kang

West Virginia Law Review

No abstract provided.

Migrant Access To Healthcare: A Study Of Undocumented Migrant Access To Sexual Healthcare & Family Planning Services In Switzerland In 2016, Emily Egbert

Independent Study Project (ISP) Collection

The Swiss healthcare system has experienced a significant influx of vulnerable migrants over the past few years. This presents a challenge to providers and policy makers to account for and provide aid to these non-­‐ Swiss citizens, such as undocumented migrants (UDM), whose status and circumstances may impede their access to healthcare. Along with this, various cultural barriers may present further challenges to access to the health system. This paper explores UDM access to health through the lens of sexual healthcare and family planning. In examining sexual health, the issues of sexually transmitted infections (STIs), HIV/AIDS, and sexual violence were …

Congress, Tribal Recognition, And Legislative-Administrative Multiplicity, Kirsten Matoy Carlson

Indiana Law Journal

Most descriptions of federal recognition by political scientists, anthropologists, and legal scholars focus on an administrative process run by the Office of Federal Acknowledgment (OFA) within the Bureau of Indian Affairs (BIA). To the extent that scholars discuss the role of Congress in recognizing Indian nations, they suggest that it plays a diminishing one. In fact, this misconception pervades the field. Most scholars assume that Congress has largely ceded control over the recognition of Indian nations to the BIA.

This discrepancy begs the question: Who has it right? Hollywood screenwriters or the academic experts? The answer to this question matters …

Sequela: Casey, Gonzales, And State Legislatures' Unscrupulous Use Of Science In Crafting Legislation To Regulate Pregnant Women And Women's Access To Reproductive Health, Samantha Von Ende

Indiana Journal of Law and Social Equality

Sparked by the unprecedented number of reproductive healthcare restrictions proposed and enacted by state governments from 2010 to 2014, this Note seeks to document the troubling trend and varying manifestations of legislation premised on unsound scientific evidence and purportedly enacted to advance states' recognized interests in protecting women's health and potential life. Such legal restrictions take many forms and are divided into four categories for the purpose of this paper: (1) Targeted Regulation of Abortion Providers, or TRAP laws; (2) Fetal Protection Laws that criminalize the behavior of pregnant women; (3) Fetal Protection Laws that impose complete bans on abortion …

Crimea And The Right To Self-Determination: Questioning The Legality Of Crimea's Secession From Ukraine, Alisa Gdalina

Cardozo Journal of International and Comparative Law

The note argues that Crimea's unilateral secession from Ukraine in 2014 was illegal under both domestic Ukrainian law and international law. It contends that Crimea failed to meet the legal criteria for remedial secession, as it did not suffer the requisite severe and persistent human rights violations or exhaustion of alternatives, and that the secession violated Ukraine's constitutional provisions on territorial integrity.

To Accommodate Or Not To Accommodate: (When) Should The State Regulate Religion To Protect The Rights Of Children And Third Parties?, Hillel Y. Levin, Allan J. Jacobs, Kavita Shah Arora

Washington and Lee Law Review

When should we accommodate religious practices? When should we demand that religious groups instead conform to social or legal norms? Who should make these decisions, and how? These questions lie at the very heart of our contemporary debates in the field of Law and Religion.

Particularly thorny issues arise where religious practices may impose health-related harm to children within a religious group or to third parties. Unfortunately, legislators, courts, scholars, ethicists, and medical practitioners have not offered a consistent way to analyze such cases, so the law is inconsistent. This Article suggests, first, that the lack of consistency is a …

Parameters – Full Issue – Spring 2016, Usawc Parameters

The US Army War College Quarterly: Parameters

Special Commentary: Making Sense of the “Long Wars” Tami Davis Biddle US Leadership and NATO Luis Simón, Alexander Mattelaer, John R. Deni, Magnus Petersson Is Nation-Building a Myth? Charles J. Sullivan, M. Chris Mason Learning from Today’s Wars Ben Nimmo, Roger N. McDermott, Erik W. Goepner

Productivity And Affinity In The Age Of Dignity, Stephen Lee

Michigan Law Review

This Review proceeds as follows. Part I summarizes The Age of Dignity. Part II explains how this segment of immigrant workers challenges the productivity/affinity binary that dominates immigration law’s formal migration rules. Part III shows how this binary sets up dual migration streams, both of which could account for future flows of care workers. As Part III shows, the example of the eldercare industry nicely illustrates how the employment based and family-based migration systems simply represent two different ways of filling labor needs. I then conclude.

Be Fruitful And Multiply After Death, But At Whose Expense?: Survivor Benefits For The Posthumously Conceived Children Of Fallen Soldiers, David Teitelbaum

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

A Borrowed Language, Yvonne Osei

Graduate School of Art Theses

Art has the potency of mediation: bridging human differences, questioning voids in historical trajectories, negotiating spaces of relevance, and most importantly, being signifiers that embody the absent. I speak in a borrowed language, a multilingual visual tongue, inspired by a culmination of Western and African Art modes of practices to create charged platforms for multicultural communication.

My art presents visual portals that allow for intercultural and interracial mingling as issues of colorism, present-day colonialism, gender inequality and the politics of dress are foregrounded for collective deliberation. The essence of the work is often activated and brought to its full potential …