Digital Commons Network^™

Beccaria, The Executioner, And The French Revolution, Willa Carlyle Reising

Graduate Theses, Dissertations, and Problem Reports (ETD)

This thesis explores ideas and practices in the French penal system during the Revolutionary era, especially during the Reign of Terror, considering the experiences of Revolutionary leaders and the executioner of Paris during the Revolution. It argues that while in some ways Revolutionary leaders used Enlightenment penal laws to justify their actions during the Reign of Terror, in other ways the Reign of Terror was a departure from Enlightenment penal reform laws. The main Enlightenment penal reformer which this thesis uses is Cesare Beccaria because he was influential in France and during the French Revolution in helping to create early …

The Sociology Of Bail Reform: Crime, Social Interaction, And Offender Experiences In Rurality., Scott Kevin Turner

Graduate Theses, Dissertations, and Problem Reports (ETD)

The study sought to explore the impact of the New York State “Bail Reform Act of 2019,” in rurality. It examined some of the legislative goals of the law, the claim that it caused crime, and offender experiences in rurality. Secondary data was used to map the rural crime landscape and primary data was collected from offenders during face to face interviews. The study was framed using deterrence and opportunity approaches and situated within the broader field environments; legislative, courtroom, and community. The research failed to find support for the claim that bail reform caused crime. Instead, it revealed that …

Responsible Governance And Tribal Customary Rights, Kekek Jason Stark

Faculty Law Review Articles

This article explores the question of how tribal constitutional law is interpreted and controlled by traditional tribal law principles in the context of tribal customary rights. Specifically, this article addresses the notion of whether an action, by the tribal government or a citizen, can infringe on the fundamental rights of citizens or whether the infringing action is limited by the customary obligation of responsible governance. This article addresses these competing views and argues that tribal courts can restore harmony—the goal of tribal law—by ensuring responsible governance through the appropriate balancing of tribal customary rights with the need for tribal government …

Conscientious Objection And Abortion: The Italian Pseudo-Exceptionalism, C. Crea

FIU Law Review

Threats to abortion and reproductive rights are well-rooted in global discursive and strategic practices promoted by conservative and ‘pro-life’ movements and narratives. Starting from these premises, this essay will focus on abortion access in Italy and the barrier caused by conscientious objection among medical personnel, which appears indefensible in light of both international human rights regimes and philosophical-theoretical perspectives. The main questions explored here are the following: Is conscientious objection to abortion really based on Catholic moral teaching, which constitutes the conventional religious wisdom of the national societal fabric? How and to what extent are Catholic and conservative moral narratives …

Italian Comparative: A Trait Of The Legal System, Bianca Gardella Tedeschi

FIU Law Review

The cultural environment of Italian academia was open to suggestions that came from other legal systems and shaped an eclectic legal culture. Italy is an hybrid system that took the code from France, the legal science from Germany, and has always been receptive of foreign suggestions. This cultural background may explain why the Italian legal curriculum requires a mandatory course of comparative law and why comparative law has been an important field of Italian legal research. At the same time, comparative law was characterized by an an important mark of antiformalism, necessary to swim through the times of Fascism and …

Colonizing Queerness, Jeremiah A. Ho

All Faculty Scholarship

This Article investigates how and why the cultural script of inequality persists for queer identities despite major legal advancements such as marriage, anti-discrimination, and employment protections. By regarding LGBTQ legal advancements as part of the American settler colonial project, I conclude that such victories are not liberatory or empowering but are attempts at colonizing queer identities. American settler colonialism’s structural promotion of a normative sexuality illustrates how our settler colonialist legacy is not just a race project (as settler colonialism is most widely studied) but also a race-gender-sexuality project. Even in apparent strokes of progress, American settler colonialism’s eliminationist motives …

The Catholic Modernity Of Pope Benedict Xvi: Healthy Secularity And Christian Jurisprudence, Zachary R. Calo

Scholarly Works

This article examines the concept of healthy secularity in the thought of Pope Benedict XVI. In developing the idea of healthy secularity, Benedict builds upon longstanding themes in Catholic social thought while also provoking a deeper engagement with western modernity. Rather than placing Christianity and the secular in an oppositional framework, Benedict positions Christianity as the foundation of an authentic secular order. In so doing, he opens up new modes of critical engagement with western legal and political thought. Yet, while the concept offers a creative theological method for addressing contemporary issues, it depends for its realisation on vanishing cultural …

A Matter Of Facts: The Evolution Of Copyright’S Fact-Exclusion And Its Implications For Disinformation And Democracy, Jessica Silbey

Faculty Scholarship

The Article begins with a puzzle: the curious absence of an express fact-exclusion from copyright protection in both the Copyright Act and its legislative history despite it being a well-founded legal principle. It traces arguments in the foundational Supreme Court case (Feist Publications v. Rural Telephone Service) and in the Copyright Act’s legislative history to discern a basis for the fact-exclusion. That research trail produces a legal genealogy of the fact-exclusion based in early copyright common law anchored by canonical cases, Baker v. Selden, Burrow-Giles v. Sarony, and Wheaton v. Peters. Surprisingly, none of them …

Access To Justice For Black Inventors, Jordana R. Goodman, Khamal Patterson

Vanderbilt Law Review

To receive a patent, an inventor must meet certain inventive and procedural standards. Their invention must be novel, nonobvious, and written in such a way that any person skilled in the inventive subject can make and use the invention without undue experimentation. This process is far from objective.

An inventor is not always communicating within their own social circle. An inventor is required to communicate their invention so that a patent examiner believes a person having ordinary skill in the art ("PHOSITA") would recognize the invention as nonobvious. Moreover, a fictitious skilled person must be able to make and use …

Is Now A(Nother) Teachable Moment Honoring The Memory Of Dr. William S. Spriggs, Francine J. Lipman

Scholarly Works

No abstract provided.

The School Of SharīʿA Judges: SharīʿA Courts’ Reform And Legal Modernization In Egypt (1907-1927), Yamen Nouh

Theses and Dissertations

This thesis studied the history of the school of sharīʿa judges (1907-1927) as an essential episode of the reform of Sharīʿa courts in Egypt in the early 20th century. The thesis studied the school in connection with the broader context of legal modernization of the Egyptian legal system. The study explored the institutional, pedagogical, and legal aspects of the reform that the school advocated. The study analyzed the impact of the school’s pedagogy on the practice of the Islamic judiciary and the theoretical conception of Sharīʿa. The study used a significant yet understudied historical source: the judicial press. A comparative …

Ways Of Explaining Law, Dan Priel

Articles & Book Chapters

No abstract provided.

Trypanophobia: The Scary World Of Tattoos And The Law, Dalton Primeaux

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Locating The 'Nanny' In Legal Theory, Akshat Agarwal

National Law School Journal

Paid domestic workers pose a challenge to legal theorists since they occupy the unique intersection of the market and the home. While being paid for the ‘care’ they provide, their work is characterised by a high degree of informality and is usually also considered emotive. I use India as a case study to show how attempts to include paid domestic workers within formal labour law protections have been consistently unsuccessful, which demonstrates the unique nature of paid domestic work. At the same time, academic arguments for the inclusion of such workers in family law frameworks raise several practical concerns and …

Canada’S Cultural Property Export Controls: An Analysis Of The Colonial And Heritage Discourses That Animate The Cultural Property Export And Import Act, Madeline Anne Davis

LLM Theses

This thesis critiques Canada’s Cultural Property Export and Import Act (CPEIA) and its framing as a legal instrument intended to protect and preserve Canada’s cultural heritage. It focuses on the export provisions of the Act and the related experts and administrative bodies who oversee disputes under those provisions. I argue that colonial and capitalist heritage and property discourses are the foundation that underpins the CPEIA and as a result, the legislation both expressly and implicitly privileges colonial and capitalist ideas about heritage and property ownership. The legislation, on its face and through the limited examples of available application, leaves little …

On The Admissibility Of Expert Testimony On Eyewitness Identification: A Legal And Scientific Evaluation, Tanja Rapus Benton, Stephanie A. Mcdonnell, Judge Neil Thomas, David F. Ross, Nicholas Honerkamp

Tennessee Journal of Law and Policy

No abstract provided.

Assessing The Sustainable Development Dimensions Of Environmental Public Policies For Protected Natural Areas In Mexico: A 1970-2018 Perspective, Cielo María Ávila López, José Israel Herrera

Journal of Maya Heritage

Abstract: This abstract discusses the challenges and issues related to the implementation of Environmental Public Policies (EPP) for Protected Natural Areas (PNA) in Mexico from 1970 to 2018. EPPs aim to achieve sustainable development by balancing economic, environmental, and social dimensions while reconciling conservation and the use of natural resources with restrictions on their use and economic compensation to communities. However, the results of this study reveal that the establishment of PNA has been unilateral and without consensus, leading to limitations on communities' use of the environment without granting them economic compensation or productive alternatives. This has resulted in conflicts …

“Cancel Culture” And Criminal Justice, Steven Arrigg Koh

UC Law Journal

This Article explores the relationship between two normative systems in modern society: “cancel culture” and criminal justice. It argues that cancel culture—a ubiquitous phenomenon in contemporary life—may rectify deficiencies of over- and under-enforcement in the U.S. criminal justice system. However, the downsides of cancel culture’s structure—imprecise factfinding, potentially disproportionate sanctions leading to collateral consequences, a “thin” conception of the wrongdoer as beyond rehabilitation, and a broader cultural anxiety that “chills” certain human conduct—reflect problematic U.S. punitive impulses that characterize our era of mass incarceration. This Article thus argues that social media reform proposals obscure a deeper necessity: transcendence of blame …

Privacy Shield 2.0—A New Trans-Atlantic Data Privacy Framework Between The European Union And The United States, Sara Gerke, Delaram Rezaeikhonakdar

Cardozo Law Review

This Article is the first to thoroughly examine the new adequacy decision for the Trans-Atlantic Data Privacy Framework (also known as “Privacy Shield 2.0”), including the relevant events and milestones ultimately leading to its adoption. The European Commission adopted the new Privacy Shield on July 10, 2023, to restore transatlantic data flows and commercial exchanges between the European Union and the United States. This Article first explores the holdings of the Court of Justice of the European Union in the groundbreaking cases Schrems I and Schrems II and elaborates on the reasons for the invalidation of the Safe Harbor Decision …

Dividing The Body Politic, James A. Gardner

Journal Articles

It has long been assumed in large, modern, democratic states that the successful practice of democratic politics requires some kind of internal division of the polity into subunits. In the United States, the appropriate methods and justifications for doing so have long been deeply and inconclusively contested. One reason for the intractability of these disputes is that American practices of political self-division are rooted in, and have been largely carried forward from, premodern practices that rested originally on overtly illiberal assumptions and justifications that are difficult or impossible to square with contemporary commitments to philosophical liberalism.

The possibility of sorting …

Sentencing In An Era Of Plea Bargains, Jeffrey Bellin, Jeenia I. Turner

Vanderbilt Law School Faculty Publications

The literature offers inconsistent answers to a question that is foundational to criminal law: Who imposes sentences? Traditional narratives place sentencing responsibility in the hands of the judge. Yet, in a country where 95% of criminal convictions come from guilty pleas (not trials), modern American scholars center prosecutors who control plea terms as the deciders of punishment. This Article highlights and seeks to resolve the tension between these conflicting narratives by charting the pathways by which sentences are determined in a system dominated by plea bargains. After reviewing the empirical literature on sentence variation, examining state and federal plea-bargaining rules …

Journal Of Roleplaying Studies And Steam (Jrpssteam) Vol. 2 [2023], (Issue 2)., Ricardo Morales-Carbajal, Cristo Leon, Sarah Lynne Bowman, Ligia-Estefania Estefania Canul-Noh, Vania C. Tovilla, Laura I. Quiroz, Elektra Diakolambrianou

Journal of Roleplaying Studies and STEAM

Editorial

Sangre, sudor, lágrimas y burocracia

Estamos muy contentos con la edición de este tercer número del Journal of Roleplaying Studies and STEAM, en primer lugar porque ¡ya contamos con ISSN!, suena a un logro menor pero debemos considerar los vericuetos burocráticos por los que hemos pasado semana tras semana para lograrlo. En segundo lugar, ¡por fin tenemos un artículo en inglés!, lo cual es motivo de celebración porque además es para nosotros un honor que sea de Elektra Diakolambrianou y Sarah Lynne Bowman, quienes en una gran muestra de confianza enviaron para dictamen su artículo denominado Dual Consciousness: What …

The Theater Of Refuge, Arléne Amparo Amarante

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Equity And Expedition In Consumer Law And Justice: Some Thoretical Reflections And Practical Concerns, Prof. Upendra Baxi

International Journal on Consumer Law and Practice

This essay examines the notions of consumer in various incarnations as Grahak and Upbhokta, ethical consumer. alienated consumer, and the involuntary consumer in the context of consumer law and justice (CLJ) and consumer education. In many senses, the idea of ‘consumer’ is a recent idea as a market subject both to necessary and unnecessary market evils and modern law enacts ‘consumer protection’ as reform and rationalization of the market leaving intact the mode of production or the structures of the economy. That tension is aggravated by the further questions as to whether consumer rights are human rights. And these may …

Libertarianism And The Common Law, Allen Mendenhall

Belmont Law Review

What are the qualities and characteristics of the common law that feature or reflect libertarianism? The common law is both a historical phenomenon and an active process or a juridical mode of settling disputes. Therefore, a precise answer to questions about the compatibility between libertarianism and the common law is difficult to articulate. This Essay describes elements of the common law - both its manifestation in history and its theoretical approaches to judging - that illuminate its libertarian attributes and tendencies. It suggests that the common law has epistemological importance as a kind of bottom-up ordering based on traceable patterns …

Navigating Complexity Of Serving Displaced Communities: A Study Of Yemeni Community-Based Organizations In Egypt, Alya Mohammed Al-Mahdi

Theses and Dissertations

Forced displacement is a global crisis that poses challenges for nations like Egypt. Despite international NGO support, escalating displaced individuals have overwhelmed existing capacities. Refugee Community-Based Organizations (CBOs) have emerged as a natural response from the communities themselves to bridge the gap between the state and NGOs and the refugee community. However, CBOs in Egypt face challenges that impact their operation and continuity. Through qualitative research, this study aims to explore the experience of the Yemeni CBOs. Through interviews with seven people from six CBOs conducted through field visits and online calls, this research uncovers the dynamics of Yemeni CBOs …

Canadian “Dreamers”: Access To Post-Secondary Education, Elise Mercier, Sean Rehaag, Francisco Rico-Martinez

Osgoode Hall Law Journal

Youth with precarious legal status (PLS) in several provinces are entitled to access primary and secondary education regardless of their immigration status. However, once they graduate from high school their opportunities for post-secondary education are highly constrained. This article sets out an argument for expanding post-secondary educational opportunities for PLS students, drawing on the example of the only existing program in Canada targeting such students: York University’s “Access for Students with Precarious Immigration Status Program.” The article considers possible legal impediments to the establishment of such programs, including offences under Canadian immigration legislation, and argues that charges against post-secondary institutions …

Challenges Of Accessibility Of A Community Heritage Tourist Route: The Route Of The Caste War, Cecilia S. Medina Martín, David E. Tamayo Torres, Margarita De A Navarro Favela, Fredi R. Un Noh

Journal of Maya Heritage

This article presents the results of an accessibility analysis of The Caste War Route (RGC), prior to its commercialization as a community heritage product. The analysis consists of a diagnosis of the resource to establish destination-planning strategies. The accessibility diagnosis goes beyond adapting physical spaces for transit, considering that the resource is accessible to all types of people, including economic, spatial and temporal accessibility, criteria on which the research focuses.

The diagnosis was prepared through a multidisciplinary investigation that collected information from different sectors with qualitative and quantitative tools that combined the recording of data and the opinion of the …

Expanding The Orbit Of Maya Culture: Creating A Non-Profit In The United States, Apollo Liu, Callie Passwater, Skyler Steckler, Ryan Rowberry

Journal of Maya Heritage

Archaeologists Without Borders of the Maya World (AWBMW) is a Mexican non-profit organization focused on promoting and preserving Mayan history, particularly archaeological sites and tangible culture. To assist its mission, AWBMW wants to be able to solicit donations from U.S. entities to assist in spreading awareness of Maya culture worldwide. Using the U.S. tax code and laws from state of Georgia, this article outlines the legal steps and strategies a foreign non-profit organization must consider when desiring to start a non-profit organization in the United States. Strategies on opening a U.S. branch of an existing foreign non-profit, linking a new …

Making Your Spring Break Sustainable: Can Tourism Be A Driver For Positive Environmental Change?, Katherine Ort

Journal of Maya Heritage

The Riviera Maya has undergone rapid development in the last few decades due to increased demand for tourism, putting pressure on surrounding ecosystems and cultural sites. As demand for tourism shows no signs of decreasing, there is an ever-increasing need for effective management solutions. The town of Puerto Morelos is striving to forward sustainable tourism based on its natural and cultural assets. As a new municipality, it has the chance to shape policy from a relatively blank canvas. This study involved collecting data about the different perspectives of key stakeholders through qualitative interviews and surveys to understand if the views …