Digital Commons Network^™

Everyday Aesthetics, Space, And The Sensory: Fear Of Crime And Affect In Inner Sydney, Murray Lee, Jonathan Jackson, Justin R. Ellis

Qualitative Criminology (QC)

"In this paper we explore pre-conscious aesthetic and sensorial aspects of affect in fear of crime. Drawing on data from focus groups undertaken in inner Sydney, Australia, we link the sensory and aesthetic preconditions of fear of crime to its affective, behavioural and cognitive elements. We argue that fear is grounded in the structural, personal and inter-subjective components of individual’s lives and their interaction with physical and social environments, which then influence how individuals cognitively understand their own risks and react behaviourally to these emotional responses. By bringing alive the importance of environmental cues and the cultural and structural positions …

Quantitative Literacy And Guns, William Briggs

Numeracy

Briggs, William. 2017. How America Got Its Guns: A History of the Gun Violence Crisis; (Albuquerque, University of New Mexico Press). 352 pp. Paperback: ISBN 978-0-8263-5813-4. E-book ISBN 978-0-8263-5814-1.

Quantitative literacy and statistics are just two of many disciplines required to understand the problem of gun violence in America. However, it’s also useful to appreciate their limitations in an issue that is so complex.

Mature Aggregation And Angst: Reframing Complex Litigation By Echoing Francis Mcgovern's Early Insights Into Remedial Innovation, Judith Resnik

Law and Contemporary Problems

No abstract provided.

The Powers Of The Inter-American Court Of Human Rights Towards The Implementation Of Gender Justice Laws At The National Level In South America, Kiana Therrien-Tomas Miss

Bridges: An Undergraduate Journal of Contemporary Connections

Although South America is earning international attention as an innovative global leader in various fields, it currently remains a nation steeped in traditional beliefs and practices. Despite prevailing laws against domestic violence, countless Latin American women proceed to be failed by the legal system. As South American society produces its own theory of gender justice, apprised by local realities and universally accepted norms, women's rights advocates and the Supreme Court can represent a decisive role in forming the discourse. Throughout this work, I aim to contemplate the powers of the Inter-American Court of Human Rights (IACHR) towards the implementation of …

Settling The Law: An Empirical Assessment Of Decision-Making And Judicial Review In Canada's Refugee Resettlement System, Pierre-Andre Theriault

PhD Dissertations

In light of rising numbers in the global refugee population, as well as new ideas for reforming the international refugee regime that emphasize refugee containment, there is reason to reaffirm refugee resettlement as a solid mechanism for burden-sharing, and perhaps the only obtainable durable solution for refugees in a protracted refugee situation. Canada has operated a robust refugee resettlement program for decades and is now presenting its private sponsorship of refugees program as a model to the rest of the world. Despite the significance of Canadas resettlement program, both domestically and internationally, few studies have investigated how the program is …

Brief For American Indian Law Scholars As Amicus Curiae, Stephen C., Et Al V. Bureau Of Indian Education, Et Al.,, Barbara L. Creel, Tierra N. Marks, Randolph H. Barnhouse

Faculty Scholarship

Indian Civil Rights/Education Lawsuit

View this and other court documents at Turtle Talk.

Congress’s declared federal policy is “to fulfill the Federal Government’s unique and continuing trust relationship with and responsibility to the Indian people for the education of Indian children.” 25 U.S.C. § 2000. This federal policy is the touchstone of the federal government’s trust obligation to Indian families and their children. When the BIA (through the BIE) fails to protect the rights of Indian children to “educational opportunities that equal or exceed those for all other students in the United States,” courts have a vital role to …

Bottleneck: The Place Of County Jails In California’S Covid-19 Correctional Crisis, Hadar Aviram

Hastings Journal of Crime and Punishment

This Article examines a lesser-known site of the COVID-19 pandemic: county jails. Revisiting assumptions that preceded and followed criminal justice reform in California, particularly Brown v. Plata and the Realignment, the Article situates jails within two competing/complementary perspectives: a mechanistic, jurisdictional perspective, which focuses on county administration and budgeting, and a geographic perspective, which views jails in the context of their neighboring communities. The prevalence of the former perspective over the latter among both correctional administrators and criminal justice reformers has generated unique challenges in fighting the spread of COVID-19 in jails: paucity of, and reliability problems with, data; weak …

Yellen V. Confederated Tribes Of The Chehalis Reservation: Brief Of Professors And Historians As Amici Curiae Supporting Respondents, Maggie Blackhawk, Michael Blumm, Kirsten Carlson, Sarah Deer, Angelique Eaglewoman, Jacqueline P. Hand, John P. Lavelle, Michael D. Oeser, Richard D. Pomp, Kekek Jason Stark, Michalyn Steele, Elizabeth Kronk Warner, Jack F. Williams, Marcia Zug

Utah Law Faculty Scholarship

Amici curiae are law professors who teach and write in the area of federal Indian law and Native American legal history. They file this brief to explain the history of the federal government’s practice of “recognizing” Indian tribes generally, as well as the specific history of recognition of Alaska Native tribes.

Unilateral Economic Sanctions And Protecting U.S. National Security, Fatemeh Bagherzadeh

UC Law SF International Law Review

Terrorism remains the most important national security concern. Multi-national economic organizations around the world have increasingly established counter-terrorism commissions to assess the magnitude of the threat posed by terrorism. Economic sanctions have been a counter-terrorism measure for many decades and remain an essential tool of U.S. foreign policy and a mechanism to protect the U.S. national security interests. In recent years, the internationalization of terrorism and emergence of non-state terrorist actors has led the U.S. to use smart targeted sanctions to dismantle financial support of terrorism. Yet, conventional country-specific nation-wide sanctions that penalize a single target nation, continue to be …

When Things Go Awry: Command Responsibility, Death Marches, And Unforeseeable Circumstances, Amos N. Guiora, Nathan H. Jackson

Utah Law Faculty Scholarship

Although the events of the past year are in many ways unprecedented, they have resulted in circumstances that are common throughout history. The rise of a global pandemic has led to suffering in many forms, political powers shifting, militant coups rising, and countries facing protests as civil unrest becomes more prevalent. In these uncertain times, political leaders and the role of militaries have been even more scrutinized, revealing flaws that might have remained undetected if it was not for circumstances going awry. These current events have caused us to reflect upon incidents of the past when commanders have faced the …

Legal History Repeats Itself On Climate Change: The Commerce Clause And Renewable Energy, Steven Ferrey

Suffolk University Law School Faculty Works

Discrimination and power: Federal courts found that some state renewable power laws violate the U.S. Constitution Commerce Clause by discriminating against out-of-state renewable energy. At stake is climate change and the near-term future of the Planet. After warned almost a decade ago about their Constitutional violation, which states conformed their laws as the Earth has warmed? This article analyzes which of 22 U.S. states flagged as to having potentially unconstitutional discriminatory renewable energy laws a decade ago have conformed their discriminatory renewable energy laws and which have allowed legal history to repeat itself?
/="/">/="/">Scrutinized technically rather than legally, …

Environmental Justice And The Gullah Geechee: The National Environmental Policy Act's Potential In Protecting The Sea Islands, Paul N. Nybo

South Carolina Law Review

No abstract provided.

Covid-19 And Business Interruption Insurance: The Constitutionality Of Legislatively Mandated Coverage, William G. Arnold

South Carolina Law Review

No abstract provided.

Reviving The Civic Body: Campaign For Suffrage Inside Prisons, Felony Enfranchisement In D.C., And Lawyering For Abolition, Uruj Sheikh

City University of New York Law Review

In July 2020, in the midst of a global uprising proclaiming Black Lives Matter, Washington D.C. became the first incorporated jurisdiction of the United States to abolish felony disenfranchisement by restoring voting rights for individuals in prison. The vision, strategy, and analysis behind voter restoration in D.C. is a case study on legal advocacy in tandem with movements for structural change. The abolition of felony disenfranchisement in D.C. is best understood through a vision of abolition of a different kind—the abolition of carceral state violence, of prisons, of punitive measures under the guise of justice. By orienting voter enfranchisement on …

Intolerable Histories And Imperfect Narratives: Nationhood, Identity, And The Integrity Of Law In Post-Vichy France And Beyond, Kaela S. Holmen

Foreign Languages & Literatures ETDs

The principal aim of this thesis project is to examine the socio-legal context of the Vichy regime in World War II France, and to provide an understanding of how that context informed, and continues to inform, the integrity of French nationhood. With Ernest Renan’s oubli serving as a framework for the solidification of nationhood, I will demonstrate that the betrayals to French law and custom that were committed in an attempt to right the wrongs of the Vichy resulted in an imperfect forgetting, and ultimately, a more fragmented national sense of self. I contend that this imperfect oubli resulting from …

California Policy Recommendations For Realizing The Promise Of Medication Abortion: How The Covid-19 Public Health Emergency Offers A Unique Lens For Catalyzing Change, Kerri Pinchuk

UC Law Journal of Race and Economic Justice

While the new composition of the United States Supreme Court has raised speculation about the fate of Roe v. Wade, for millions in America the promise of a patient’s right to choose an abortion is already a distant illusion.** Decades of work by anti-abortion policymakers has resulted in prohibitive state and federal funding restrictions and widespread clinic closures. But clinicians, advocates, and researchers are optimistic about one way to expand access: medication abortion. Known colloquially as “the abortion pill,” medication abortion is poised to significantly increase access for patients everywhere, and particularly for low-income patients and those who live in …

Reclaiming The Streets, Vanessa Casado-Pérez

Faculty Scholarship

Pedestrians have been getting the short end of the stick in street policies and regulations. Drivers and cars dominate our streets even though automobiles’ externalities kill thousands of people every year. Given the environmental, health, safety, and community effects of cars, municipalities should embrace a policy that puts pedestrians at the center and produces more miles of wider, well-maintained sidewalks. Sidewalks make communities greener, healthier, safer, more socially connected, and even, wealthier. COVID-19 lockdowns have shown both the relevance of sidewalks, as well as the possibility of pedestrians regaining space currently allocated to cars by widening sidewalks.

This Essay identifies, …

The Clean Air Act Of 1963: Postwar Environmental Politics And The Debate Over Federal Power, Adam D. Orford

Scholarly Works

This Article explores the development of the Clean Air Act of 1963, the first law to allow the federal government to fight air pollution rather than study it. The Article focuses on the postwar years (1945-1963) and explores the rise of public health medical research, cooperative federalism, and the desire to harness the powers of the federal government for domestic social improvement, as key precursors to environmental law. It examines the origins of the idea that the federal government should "do something" about air pollution, and how that idea was translated, through drafting, lobbying, politicking, hearings, debate, influence, and votes, …

Penn Central In Retrospect: The Past And Future Of Historic Preservation Regulation, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

The U.S. Supreme Court’s 1978 decision in Penn Central Transportation Co. v. City of New York is one of the best known cases in the Property Law canon. The Court there held that the refusal of the New York City Landmarks Preservation Commission to permit the owner to erect a 50-storey tower on top of Grand Central Terminal did not effect a taking of private property requiring the payment of compensation. The decision now is more than forty years old. Taught since then in most first-year Property classes, Penn Central endures as the foundation of the modern application of the …

Black Transit: When Public Transportation Decision-Making Leads To Negative Economic Development, Audrey G. Mcfarlane

Articles

No abstract provided.

Anticompetition In Buying And Selling Homes, Roger P. Alford, Benjamin H. Harris

Journal Articles

Developments in the real estate industry are slowly eroding the National Association of Realtor’s dominant market position. New entrants provide alternative avenues for consumers to buy homes, reducing the dependence on the existing system. These innovations have slowly chipped away at realtor commissions. In addition, consumers have brought class action suits in federal court to challenge the NAR’s practices. These suggest a trend toward greater competition, but they are not enough; without enforcement or regulatory action, widespread threats to competition will continue.

Legal Education's Curricular Tipping Point Toward Inclusive Socratic Teaching, Jamie Abrams

Scholarly Articles in Law Reviews & Journals

Two seismic curricular disruptions create a tipping point for legal education to reform and transform. COVID-19 abruptly disrupted the delivery of legal education. It aligned with a tectonic racial justice reckoning, as more professors and institutions reconsidered their content and classroom cultures, allying with faculty of color who had long confronted these issues actively. The frenzy of these dual disruptions starkly contrasts with the steady drumbeat of critical legal scholars advocating for decades to reduce hierarchies and inequalities in legal education pedagogy.

This context presents a tipping point supporting two pedagogical reforms that leverage this unique moment. First, it is …

Climate-Induced Stressors To Peace: A Review Of Recent Literature, Ayyoob Sharifi, Dahlia Simangan, Chui Ying Lee, Rose Reyes, Tarek Katramiz, Jairus Carmela C. Josol, Leticia Dos Muchangos, Hassan Virji, Shinji Kaneko, Thea Kersti Tandog, Leorence Tandog, Moinul Islam

Environmental Science Faculty Publications

Climate change is increasingly recognized as a threat to global peace and security. This paper intends to provide a better understanding of the nature of interactions between climate change and events that undermine peace through a systematic review of recent literature. It highlights major methodological approaches adopted in the literature, elaborates on the geographic focus of the research at the nexus of climate change and peace, and provides further information on how various climatic stressors, such as extreme temperature, floods, sea-level rise, storms, and water stress may be linked to different events that undermine peace (e.g. civil conflict, crime, intercommunal …

Bankruptcy Shopping: Domestic Venue Races And Global Forum Wars, Anthony J. Casey, Joshua C. Macey

Emory Bankruptcy Developments Journal

This Article proposes reforms to bankruptcy law’s venue rules. These reforms would expand venue choice, reduce opportunistic venue shopping, and account for the rise of global forum shopping. To date, the leading proposals to reform venue selection rules for bankruptcy cases have ignored simpler alternatives that can reduce opportunistic misbehavior while preserving beneficial choice. Moreover, those proposals have focused exclusively on restricting a debtor’s choice among venues within the United States while ignoring the increasing availability and convenience of foreign courts as forums for distressed corporate debtors seeking to initiate insolvency proceedings. In this way, the proposals on the table …

Free, Prior, And Informed Consent: A Struggling International Principle, Emily M. Mcculloch

Public Land & Resources Law Review

No abstract provided.

Lisa Campbell, Lisa Campbell, Tsos

TSOS Interview Gallery

Lisa Campbell, project manager for the non-profit Do Your Part Refugee Community Center in Greece. Lisa combined efforts with multiple organizations to better the lives of refugees in the Delisi, Greece area. Lisa discusses the evolution of the growing refugee crisis and the millions who flee to Greece and Turkey.

Spatial Distribution Of Property Sales Using Geographic Information Systems: A Case Study Of Riyadh, Abdulaziz Aldegheishem, Abdulrahman Abalkhail, Saleh Alhumaydani

Emirates Journal for Engineering Research

This research demonstrates the importance of representing and making data available on the map for urban areas in terms of contributing to raising the transparency index of the real estate sector and facilitating the process of accessing information, by reviewing some studies that dealt with it, its history, uses, and some examples. This paper presents a model based on geographic information systems that combines property sales data and a map of land division according to location and time for Riyadh city, the case study, and explains how to find a common link for different real estate data for land assets …

Letter From The Editor 2021, Dujpew Editorial Board

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

No abstract provided.

Volume I | Issue Iii | 2021, Dujpew Editorial Board

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

No abstract provided.

Hydrofluorocarbons, Leaky Car Air Conditioners, And Revoked Waivers: The Question Of State-Level Regulation Of Climate Change In The Trump Era, Connor Hilbie

Pace Environmental Law Review

No abstract provided.