Digital Commons Network^™

An Essay On Ideology And Legal Education In Micro Jurisdictions: The Example Of Jersey, David Marrani

Journal of Civil Law Studies

This article explores the question of legal education in micro jurisdictions using the case of Jersey, a British Crown Dependency, positioned geographically, historically and culturally between two larger jurisdictions, France and the UK. It analyses how Jersey’s legal training is pulled towards those large “big neighbours,” rather than focusing on what makes its specificity and attraction. It questions how legal education in micro-jurisdiction is actually linked to ideology. The article starts with the following question: are we taking micro jurisdictions seriously? It then considers the routes to legal qualification in micro jurisdictions, before focusing specifically on the case of Jersey …

“I Know A Guy”: Examining Homeless Income Generation And Spatial Mobility, Daniel J. Reinhard, Ted Palys

Qualitative Criminology (QC)

"This study explores the variety of income-generating activities, along with corresponding distances that homeless and marginally housed persons travel to engage in the activities. Altogether 24 individuals were interviewed, and ethnographic field observations occurred over several months to increase rapport. The qualitatively gathered data were used in ArcGIS to calculate travel distances. These income-generating activities that persons engaged in were commonly forms of shadow work, and many kinds of income-generating activities were found. Among our sample, there appeared to be two distinct groups: those with more income methods and further travels, and those with fewer methods and shorter travels. The …

Entering Without Breaking: Challenges And Strategies Of The Qualitative Criminologist Investigating Carceral Spaces, Anaïs Tschanz

Qualitative Criminology (QC)

"Although qualitative methodology courses in criminology make it possible to gain theoretical and practical training in the collection, analysis and interpretation of data gathered using qualitative tools, these more rarely help address more targeted questions and concerns. Without making any claim to offer definitive solutions beyond the status of “tip,” this article attempts to tackle “things they don't really teach you how to handle in your qualitative methodology class,” concerning research in a carceral environment. By characterising carceral space as an opaque, all-encompassing environment pervaded by spatiotemporal constraints, it describes strategies that can be implemented in the face of organisational, …

Decker, S. H., Pyroox, D. C., & Densley, J. A., On Gangs, Charles Cunha

Qualitative Criminology (QC)

"The authors of the book, On Gangs, are well-known criminologists specializing in criminology and gangs. Scott H. Decker is a Foundation Professor Emeritus of Criminology and Criminal Justice at Arizona State University. David C. Pyrooz is an Associate Professor of Sociology at the University of Colorado Boulder. James A. Densley is a Professor and Department Chair of Criminal Justice at Metropolitan State University. The authors provided a current compilation of robust knowledge."

The Old People Are The Song, And We Are Their Echo: Resurgence Of W̱ Sáneć Law And Legal Theory, Robert Justin Clifford

PhD Dissertations

This dissertation attends to pressing questions of strategy and tactics in relation to Indigenous law revitalization in the context of the climate crisis. Grounded in my own W̱SÁNEĆ legal order, I provide an accounting of the context in which the resurgence of W̱SÁNEĆ law is occurring, and clarity regarding what we hope to accomplish with the revitalization of W̱SÁNEĆ (and more broadly, Indigenous) law, both locally and in response to global climate crisis. Doing so prompts questioning of the very foundations of Canadian constitutionalism, and indeed, our most basic ideologies and conceptualizations of our place and relationships within the world. …

Brief For Lorianne Updike Toler As Amicus Curiae Supporting Neither Party, Gorge Design Group, Llc V. Xuansheng, Lorianne Updike Toler, Lawrence A. Stein

College of Law Faculty Publications

The Patent and Copyright Clause in the Constitution was designed to stimulate the economy by promoting “the Progress of Science and useful Arts,” and was also limited to that purpose. Insofar as the economy was not stimulated and promoted in the United States, the Clause had a limit. Thus the Patent and Copyright Clause was not thought to be absolute by its Framers, and was bounded geographically, temporally, and to those inventions that were useful. Under the Fifth Amendment, both the Takings and Due Process Clauses protecting property derived from the Magna Carta of 1215. Since this time, the Takings …

Hartazgo: Understanding How #Yotecreo Emerged In Venezuela, Maria Corina Muskus Toro

LLM Theses

This thesis explores how digital feminist activism sparked, using as a case study #YoTeCreo movement in Venezuela. Using the FemMesh to connect feminists knowledges, nodes and entanglements together with a transnationalized intersectionality, I discuss how this digital activism occurred locally. As this topic is novel and this thesis is exploratory, I combine the theoretical framework mentioned before together with feminist qualitative methodology by interviewing the leaders of #YoTeCreo and answer my research question. I concluded that the spark of #YoTeCreo in Venezuela is a combination of different factors and it is not a transplantation of the #MeToo movement from North …

Economic Implications Of State-Wide Covid-19 Response Aggressiveness, Bryan Foltice, Michael Edward Parker

Journal of Vincentian Social Action

This paper aims to evaluate how the aggressiveness of each state’s response to the Covid-19 pandemic affected their respective economies from Q2, 2020 through Q2, 2021. In our study, we utilize the scale developed by McCann (2021, April 6), which ranks the least aggressive state response to the most aggressive state response at three different points of the pandemic. Through this methodology, we test the impact of the aggressiveness of each state governments’ response with the resulting economic impact within that state. Namely, we examine how this level of response affected each state’s unemployment rate, gross domestic product growth, and …

Pre-Check Security Processes In Selected Brazil Airports- Changes And Gains, Camila Miliani, Fabio Sanches, Jonatta Haniere, Rodrigo Cortes, Tais Gargano, Vanessa Reis

Student Works

The recommendation of this Research Project is to implement the precheck program at 10 Airports in Brazil with more than 5 million passengers a year. The passengers’ satisfaction, security improvement and OPEX savings would be a reality.

The expectation of OPEX savings at these 10 Airports are R$ 3.360.000,00 per year, (US$ 634.000,00) due to the possibility of using the current infrastructure and yet, reduce one Protection Agent per inspection module, per airport.

The research topic was to understand the feasibility of implementing the precheck security process in Brazil Airports. Using the U.S. benchmark, and the current Brazilian legislation, GYN …

Scamazon?: Antitrust Concerns In An Incorporated E-Commerce Marketplace, Aidan Macsweeney

Honors Projects in Accounting

The purpose of this Honors Thesis is to develop an understanding of how Amazon Inc. operates and competes in its own e-commerce marketplace. The paper seeks to answer the research question: Is the relationship between Amazon seller type and list price consistent with regulator antitrust concerns? The goal is to analyze Amazon listings in 27 product categories and how their price/sales effects vary by seller type: Amazon, Fulfilled by Amazon (FBA), and Fulfilled by Merchant (FBM). Special attention will be given to identifying price trends by category, the impact of the "Buy Box", and competing offers on the same listings. …

Local Human Rights Governance To Advance Migrants' Rights, Camilo Mantilla

Refugee Law & Migration Studies Brief

No abstract provided.

A Candle In The Labyrinth: A Guide For Immigration Attorneys To Assert Habeas Corpus After Dhs V. Thuraissigiam, Joshua J. Schroeder

UC Law Constitutional Quarterly

In the summer of 2020, immigration law seemed to become the gravitational center of presidential power. After the Supreme Court decided several immigration cases in favor of the executive department, former President Trump cited “the DACA case” to support a new constitutional theory that “[t]he Supreme Court gave the president of the United States powers that nobody thought the president had.” Accordingly, Trump began to issue presidential legislation including “an immigration plan, a health care plan, and various other plans.”

Trump also began to occupy cities that were politically opposed to his presidency with ICE and CBP agents, including BORTAC …

Foreign Judgments And Foreign Arbitral Awards Enforceability As A Factor And A Guarantee For Foreign Investments: The Case Of Saudi Arabia, Mohammed Rashed Mohammed Arhama Alshamsi

Maurer Theses and Dissertations

Foreign investments are considered an efficient and effective instrument to diversify and strengthen the economy; foreign investors generally need guarantees before entering a new market. One of these guarantees is a stable, transparent, predictable legal and judicial system. Such a system must be open to foreign laws and judgments as well as foreign arbitral awards, and it must also be flexible to increase foreign investments. Saudi Arabia has tried since the 50s’ to be more attractive to foreign investors and investments by enacting legislation and creating a modern court system to diversify their economy. However, the discretion of Saudi judges …

Essential Property, Timothy M. Mulvaney, Joseph William Singer

Minnesota Law Review Vols. 106:2 onward (2021-present)

For a sizable swath of the U.S. population, incomes and wealth are insufficient to cover life’s most basic necessities even in the most ordinary of times. A disturbingly resilient explanation for this state of affairs rests on the view that resource inequities are avoidable through self-reliance, a stance that invites observers to see people in poverty as morally suspect. This Article advances a counterview in contending that the widespread lack of essential resources did not simply arise naturally via individuals’ life choices but instead has been, in very meaningful part, created and perpetuated by our system of property laws. The …

Exploring The Multiple Paradoxes And Challenges Of Uganda's Refugee Law, Policies And Practice, J. Oloka-Onyango

The Transnational Human Rights Review

Uganda has garnered considerable international praise for its ‘open-door’ policies on refugees. This is particularly the case against the backdrop of a global context of the growing phenomenon of states constructing physical and metaphorical walls against the phenomenon of migration, whether forced or voluntary. Nevertheless, such praise conceals a much more complex context of opportunistic strategizing, donor politics and regional geopolitical balancing. In sum, what is lauded as ‘progressive’ is much more problematic and nuanced, especially with respect to the issue of local integration (particularly for long-term refugees), voluntary repatriation and the management and funding of refugee support.

Mapping Of Freedom Of Information Requests (Foirs) For The Publication Of Covid-19 Vaccine Supply Contracts, Chiamaka Ojiako, Uchechukwu Ngwaba

The Transnational Human Rights Review

Freedom of Information Requests (FOIRs) provide the window of access to COVID-19 vaccine supply contracts in times of crisis, yet for COVID-19 supply contracts, FOIRs have recorded limited success due to barriers which have either been legal, institutional, political or a combination of all of these. Despite State’s commitment to freedom of information and open contracting at both the national and international level, the urgency to procure vaccines led many countries to prioritize public health goals over protecting the public’s right of access to information. This empirical study examines freedom of information requests related to COVID-19 vaccine supply contracts to …

The Legal Origins Of Catholic Conscientious Objection, Jeremy Kessler

William & Mary Bill of Rights Journal

This Article traces the origins of Catholic conscientious objection as a theory and practice of American constitutionalism. It argues that Catholic conscientious objection emerged during the 1960s from a confluence of left-wing and right-wing Catholic efforts to participate in American democratic culture more fully. The refusal of the American government to allow legitimate Catholic conscientious objection to the Vietnam War became a cause célèbre for clerical and lay leaders and provided a blueprint for Catholic legal critiques of other forms of federal regulation in the late 1960s and early 1970s—most especially regulations concerning the provision of contraception and abortion.

Over …

Liberty And Justice For Y’All: Allowing Legal Paraprofessionals To Practice Law To Reduce The Effects Of Legal Deserts In Rural Georgia, Amanda Claxton

Mercer Law Review

The lack of attorneys in rural America is not merely a social or cultural problem—it is a legal problem that officers of the courts cannot continue to ignore. Legal deserts are geographical areas where legal services are widely unavailable. Particularly in rural Georgia, legal deserts are a substantial issue. Attorneys and nonprofit organizations have attempted to ease the detrimental effects of legal deserts in a variety of ways; for various reasons, those efforts have been insufficient, and rural counties struggle to attract lawyers. Still, there is one method of resolving legal deserts that Georgia has yet to attempt: creating an …

Scaling Investment In Renewable Energy Generation To Achieve Sustainable Development Goals 7 (Affordable And Clean Energy) And 13 (Climate Action) And The Paris Agreement: Roadblocks And Drivers, Mithatcan Aydos, Perrine Toledano, Martin Dietrich Brauch, Ladan Mehranvar, Theodoros Iliopoulos, Sunayana Sasmal

Columbia Center on Sustainable Investment

The zero-carbon energy transition is the solution to the 2022 energy crisis and a fundamental part of the solution to the global climate crisis. Yet, there are relatively low levels of investment in renewable energy in developing countries, hindering their achievement of the Sustainable Development Goals (SDGs) and contribution to the Paris Agreement goals.

In 2021, the Asia–Pacific region (excluding China) accounted for less than 8% of investments in energy transition technologies, Latin America and the Caribbean for less than 4%, and Africa and the Middle East for less than 2%. Annual investment in zero-carbon energy in developing economies other …

Scaling Investment In Renewable Energy: Roadblocks And Drivers – Executive Summary, Mithatcan Aydos, Perrine Toledano, Martin Dietrich Brauch, Ladan Mehranvar, Theodoros Iliopoulos, Sunayana Sasmal

Columbia Center on Sustainable Investment

The zero-carbon energy transition is the solution to the 2022 energy crisis and a fundamental part of the solution to the global climate crisis. Yet, there are relatively low levels of investment in renewable energy in developing countries, hindering their achievement of the Sustainable Development Goals (SDGs) and contribution to the Paris Agreement goals.

In 2021, the Asia–Pacific region (excluding China) accounted for less than 8% of investments in energy transition technologies, Latin America and the Caribbean for less than 4%, and Africa and the Middle East for less than 2%. Annual investment in zero-carbon energy in developing economies other …

Killing An Arab, Khaled A. Beydoun

North Carolina Law Review

No abstract provided.

Territoriality In American Criminal Law, Emma Kaufman

Michigan Law Review

It is a bedrock principle of American criminal law that the authority to try and punish someone for a crime arises from the crime’s connection to a particular place. Thus, we assume that a person who commits a crime in some location— say, Philadelphia—can be arrested by Philadelphia police for conduct deemed criminal by the Pennsylvania legislature, prosecuted in a Philadelphia court, and punished in a Pennsylvania prison. The idea that criminal law is tied to geography in this way is called the territoriality principle. This idea is so familiar that it usually goes unstated.

This Article foregrounds and questions …

Carceral Intent, Danielle C. Jefferis

Michigan Journal of Race and Law

For decades, scholars across disciplines have examined the stark injustice of American carceralism. Among that body of work are analyses of the various intent requirements embedded in the constitutional doctrine that governs the state’s power to incarcerate. These intent requirements include the “deliberate indifference” standard of the Eighth Amendment, which regulates prison conditions, and the “punitive intent” standard of due process jurisprudence, which regulates the scope of confinement.

This Article coins the term “carceral intent” to refer collectively to those legal intent requirements and examines critically the role of carceral intent in shaping and maintaining the deep-rooted structural racism and …

Coastal Marine Debris In Alaska: Problems Withplastics, Pollution, & Policy, Savannah Artusi

Alaska Law Review

Plastics pollute people and the planet throughout their lifecycle, from intensive extraction of raw materials to chemical leaching during their use to entangling animals in discarded plastic products. Plastic waste is especially troublesome in Alaska, where the state's extensive shoreline and coastal communities are disproportionately inundated with plastic marine debris. Current policies internationally, in the United States, and in Alaska have not done enough to prevent plastic waste from ending up on Alaska's coasts, to hold plastic producers accountable for that waste, or to provide Alaskan communities the support needed to remove the waste themselves. This Note offers several proposals …

Closing The Door On Permanent Incorrigibility: Juvenile Life Without Parole After Jones V. Mississippi, Juliet Liu

Fordham Law Review

In April 2021, the U.S. Supreme Court decided Jones v. Mississippi, its latest opinion in a line of cases addressing when, if ever, a child should be sentenced to life in prison with no hope of parole or release. Although Jones purported to resolve division among lower courts over the findings that a sentencing court must make about a child defendant’s character and prospects for reform and rehabilitation, the decision will likely lead to further disagreement among courts.

This Note argues that although the Supreme Court’s jurisprudence has protected children from harsh sentences, it has also opened a Pandora’s …

Essential Property, Timothy M. Mulvaney, Joseph William Singer

Faculty Scholarship

For a sizable swath of the U.S. population, incomes and wealth are insufficient to cover life’s most basic necessities even in the most ordinary of times. A disturbingly resilient explanation for this state of affairs rests on the view that resource inequities are avoidable through self-reliance, a stance that invites observers to see people in poverty as morally suspect. This Article advances a counterview in contending that the widespread lack of essential resources did not simply arise naturally via individuals’ life choices but instead has been, in very meaningful part, created and perpetuated by our system of property laws.

The …

The Political Sovereignty Of A Colony In Outer Space, Josselin Lavigne

North Carolina Journal of International Law

No abstract provided.

Climate Change And Indigenous Groups: The Rise Of Indigenous Voices In Climate Litigation, Maria Antonia Tigre

Sabin Center for Climate Change Law

Climate change’s pervasive human rights impacts on populations worldwide are widespread and now widely known. One avenue to address these human rights impacts is the growth of rights-based climate litigation. There are now hundreds of cases worldwide grounded on human rights claims. However, less attention has been brought to how vulnerable groups are disproportionally affected by climate change. Indigenous groups, in particular, are disproportionately affected by climate change due to their connection to their land and dependence on their ecosystems. To increase global attention and seek legal remedies to address how Indigenous communities are impacted by climate change, Indigenous groups …

Facing New Mexico's 21st Century Water Challenges; A Report Of The New Mexico Water Policy And Infrastructure Task Force, New Mexico Water And Infrastructure Task Force N/A

Publications

No abstract provided.

Implication Of Personalized Advertising On Personal Data: A Legal Analysis Of The Eu General Data Protection Regulation, Noor Ashikin Basarudin, Ridwan Adetunji Raji

All Works

The accelerating emergence of personalised advertising is mostly driven by data. Accordingly, algorithmic profiling has become a constant experience for every online user in predicting preference and interest. The profiling process raises several issues of human privacy and personal data invasion. Therefore, this study adopts the doctrinal legal method through the analysis of International Instruments and the European Union General Data Protection Regulation as legal avenue to safeguard and protect online activities of the data subjects. The findings of this paper discuss the main principles to be observed by the data controller in ensuring the legality of personal data profiling. …