Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Law

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 751 - 780 of 183147

Full-Text Articles in Entire DC Network

Exploring Safety Perceptions On Campus: A Look At Student Responses To Campus Crime And Institutional Effectiveness, Edgar J. Delatorre May 2026

Exploring Safety Perceptions On Campus: A Look At Student Responses To Campus Crime And Institutional Effectiveness, Edgar J. Delatorre

Undergraduate University Honors Capstones

There is limited research examining safety-related programs and perceptions of Deaf and hard of hearing (HoH) students, especially in respect to how receptive these students are to resources aimed to keep them safe while they are on campus and how these resources are perceived and to what extent they are utilized. Gallaudet University is the only university in the United States established for the Deaf and Hard of Hearing, with a bilingual campus where students and staff use both English and American Sign Language (ASL) – making it a unique focus of study compared to other universities that use primarily …


Justice For None: How The United States’ Sexual-Offense System Fails Victims, Defendants, And The Public, Hannah J. Flannery May 2026

Justice For None: How The United States’ Sexual-Offense System Fails Victims, Defendants, And The Public, Hannah J. Flannery

Advanced Issues in Criminal Law: Sex Offenses

This paper argues that the United States criminal justice system fundamentally fails in its treatment of sexual offenses by retraumatizing survivors while simultaneously relying on punitive mechanisms that undermine meaningful accountability and rehabilitation. Through an examination of adversarial courtroom practices, prosecutorial discretion, plea bargaining, sex-offender registries, and civil commitment regimes, the paper demonstrates how American law prioritizes punishment, political performance, and moral panic over truth, dignity, and public safety. In contrast, comparative analysis of France, Canada, and the Nordic countries reveals alternative models grounded in consent-based legal frameworks, trauma-informed procedures, and rehabilitative justice. These systems emphasize proportionality, reintegration, and institutional …


Is Health Deserved? Personal Autonomy, Framing, Ethical Intimidation, And The Politicization Of Healthcare In The United States V. Japan, Ava C. Azucenas May 2026

Is Health Deserved? Personal Autonomy, Framing, Ethical Intimidation, And The Politicization Of Healthcare In The United States V. Japan, Ava C. Azucenas

Undergraduate Honors Theses

Is health deserved? Is your health owed to you? What does this mean, and whose responsibility is it? I argue that American culture’s use of  personal autonomy, “framing”, and ethical intimidation has stunted the improvement of both political and legal structures. This is evident in the politicization of the ‘for-profit’ healthcare system in the United States. American policymakers frequently weaponize moral foundations in order to coerce voters into supporting or opposing certain healthcare policies derived from the principle that some people are more "deserving" of health than others. This calculated “framing” of health concepts has deeply politicized such an ethical …


The Supreme Court And Climate Law: A Qualitative Analysis, Tanner Blackington May 2026

The Supreme Court And Climate Law: A Qualitative Analysis, Tanner Blackington

Undergraduate Honors Theses

This paper seeks to explore the Supreme Court’s understanding of climate justice and its evolution over time. I begin with an explanation of the context on climate law, climate change, and the Supreme Court as an institution. I situate the study in the literature on judicial restraint, institutional barriers, and the powers of the Supreme Court as focal points. Then, drawing on a sample of 20 Supreme Court opinions issued between 2007 and 2025, I offer an empirical analysis which reveals the Supreme Court’s feelings of confinement within the boundaries of federalism and balancing power with the Legislative and Executive …


Masalah-Masalah Hukum Aktual Dalam Wacana Reformasi Agraria Di Indonesia, Suparjo Sujadi May 2026

Masalah-Masalah Hukum Aktual Dalam Wacana Reformasi Agraria Di Indonesia, Suparjo Sujadi

Jurnal Hukum & Pembangunan

Abstract


The Impact Of The U.N. Convention On The Rights Of People With Disabilities On Education For Students With Disabilities In China: A Case Of Non-Compliant Effectiveness With International Law, Renci Xie May 2026

The Impact Of The U.N. Convention On The Rights Of People With Disabilities On Education For Students With Disabilities In China: A Case Of Non-Compliant Effectiveness With International Law, Renci Xie

Dissertations - ALL

This dissertation empirically investigates the impact of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) in China, with a particular focus on Article 24, the right to education. Using a mixed-methods approach, this dissertation addresses two central questions: whether and how Article 24 has influenced Chinese national policies on inclusive education; and whether and how the Chinese law that promotes inclusive education has impacted the lived experiences of students with disabilities in seeking educational accommodations. To examine changes in Chinese national policy, the study employs Critical Discourse Analysis of disability-related education laws and regulations. This analysis …


Molecules And Monoclonals: The Two-Tiered Patent System, Candi L. Lasarge Ph.D. May 2026

Molecules And Monoclonals: The Two-Tiered Patent System, Candi L. Lasarge Ph.D.

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


Against The Whistle: How Congress Can Stop Sports Piracy, Julianna Kapovic May 2026

Against The Whistle: How Congress Can Stop Sports Piracy, Julianna Kapovic

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


Pooling Responsibility: Incentivizing Cable Owners To Safeguard The Global Undersea Network, Kevin Frazier May 2026

Pooling Responsibility: Incentivizing Cable Owners To Safeguard The Global Undersea Network, Kevin Frazier

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


When Knowledge Isn't Free: Legal And Ethical Imperatives Of Protecting Indigenous Intellectual Property, Claire Courter May 2026

When Knowledge Isn't Free: Legal And Ethical Imperatives Of Protecting Indigenous Intellectual Property, Claire Courter

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


Policing The Perils Of Online Dating: Harassment, Scams, Dark Patterns, Monopoly, And Perverse Incentives, Kevin Chamow May 2026

Policing The Perils Of Online Dating: Harassment, Scams, Dark Patterns, Monopoly, And Perverse Incentives, Kevin Chamow

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


Accounting In A Changing Landscape: A Collection Of Case Studies, Rachel K. Rowe May 2026

Accounting In A Changing Landscape: A Collection Of Case Studies, Rachel K. Rowe

Honors Theses

This thesis comprises six independent yet interconnected case studies that reflect on a range of modern accounting and regulatory topics. These cases were written under the direction of Dr. Victoria Dickinson during two semesters of the Professional Research and Development Thesis Program at the University of Mississippi. The purpose of this class is to provide students with the opportunity to research cases that have real-world applications in the field of accounting.

The first case explores Environmental, Social, and Governance (ESG) issues, emphasizing the increased importance of reporting for them and the growing role of accountants in sustainability assurance. The second …


Aquinas In The Twenty-First Century: A Reconciliation With The Catholic Church’S Teaching On The Death Penalty, Diego G. T. Abele May 2026

Aquinas In The Twenty-First Century: A Reconciliation With The Catholic Church’S Teaching On The Death Penalty, Diego G. T. Abele

Honors Theses

When the Catholic Church revised its paragraph in the Catechism that concerned the teaching on the death penalty, many believed that this seemed to contradict the Church’s traditional teaching on the death penalty, which has included the writings of thinkers like St. Thomas Aquinas. However, after applying principles of his natural law theory, this apparent contradiction goes away, and the full Catholic teaching on the death penalty comes to light. Several key theses of Thomist natural law will be described, addressing the metaphysical, epistemological, and ethical questions it seeks to answer. This will be the backbone of my paper as …


Federalism, Family Unity, And Keeping Families Together, Kristina M. Campbell May 2026

Federalism, Family Unity, And Keeping Families Together, Kristina M. Campbell

Idaho Law Review

No abstract provided.


Resilience In Place Names: German-Hehe War Memories And Cultural Identity In Iringa Toponyms, Claudio G. Kisake, Sophilini M. Yisega, Spemba E. Spemba May 2026

Resilience In Place Names: German-Hehe War Memories And Cultural Identity In Iringa Toponyms, Claudio G. Kisake, Sophilini M. Yisega, Spemba E. Spemba

Journal of Humanities and Social Sciences

Toponyms, or place names, act as vital markers of historical memory, cultural identity and resilience. In Iringa, Tanzania, toponymy offers valuable insights into the enduring impacts associated with the German-Hehe War (1890–1898), and colonial encounters on indigenous communities. This study explores how place names—such as Kitanzini (‘a place with a noose for hanging people’), Ilundamatwe or Lundamatwe (‘a collection of slaughtered heads’), and Gangilonga (‘the speaking stone’)—convey narratives of Hehe war superiority, resistance, and survival. Using a qualitative approach, the research incorporates archival sources, oral histories, and linguistic analysis to investigate the stories behind naming and renaming, the role of …


The Decision Of The Inter-American Court Of Human Rights In The Case Of Angulo Losada V. Bolivia: A Catalyst For The Rights Of Girls And Victims Of Sexual Violence, Brisa De Angulo, Rosa Celorio, Bárbara Jiménez-Santiago, Rosemarie Hidalgo, Carolina Perez May 2026

The Decision Of The Inter-American Court Of Human Rights In The Case Of Angulo Losada V. Bolivia: A Catalyst For The Rights Of Girls And Victims Of Sexual Violence, Brisa De Angulo, Rosa Celorio, Bárbara Jiménez-Santiago, Rosemarie Hidalgo, Carolina Perez

University of Miami International and Comparative Law Review

The Inter-American Court of Human Rights issued its judgment in the case of Angulo Losada v. Boliviaon November 18, 2022, finding that the country of Bolivia violated the human rights of a victim of sexual violence by failing to thoroughly and promptly investigate, prosecute, and sanction a case of incestuous sexual violence against an adolescent girl by an older male relative. The Court advanced an enhanced due diligence standard, establishing that an intersectional gender and child-rights perspective needs to guide the judicial processing of cases of sexual violence against children and adolescents. The Court set critical legal standards for …


Tools Of Genocide: Forced Assimilation In Canada, Dr. Pamela Palmater, Zoë Craig-Sparrow May 2026

Tools Of Genocide: Forced Assimilation In Canada, Dr. Pamela Palmater, Zoë Craig-Sparrow

University of Miami International and Comparative Law Review

Since colonization, the core objective of Canada’s Indian policy was to “get rid of the Indian problem”. To accomplish this, Canada has engaged in the forced assimilation of Indians (First Nations), with targeted and disproportionate impacts on First Nations women and girls resulting in grave human rights violations. Drawing on international human rights laws and standards (such as the Convention on the Elimination of All Forms of Discrimination Against Women and the United Nations Declaration on the Rights of Indigenous Peoples); numerous inquiries and commissions (Truth and Reconciliation Commission and the National Inquiry into Missing and Murdered Indigenous Women and …


Crossing Borders: The U.S. And Canadian Adoption Of The Wagner Act And The Limits Of U.S. Preemption, Grace Winkeljohn May 2026

Crossing Borders: The U.S. And Canadian Adoption Of The Wagner Act And The Limits Of U.S. Preemption, Grace Winkeljohn

University of Miami International and Comparative Law Review

Labor law refers to the regulation of the relationship between employees and their employers. The main principle of labor law protection is the employees’ right to collectively bargain. This principle has served as a cornerstone of industrialized society since the beginning of the twentieth century, helping increase workplace equality. A comparison of labor laws in the United States and Canada offers a unique perspective, as these two North American countries share an almost identical foundation that has evolved in distinct ways over time. A strong distinction between the two systems is the adopted doctrine of preemption by the U.S., leaving …


Obstetric Violence In The Case Law Of The Universal And Inter-American Human Rights Systems, Carmen Cecilia Martínez López May 2026

Obstetric Violence In The Case Law Of The Universal And Inter-American Human Rights Systems, Carmen Cecilia Martínez López

University of Miami International and Comparative Law Review

This Article explores how obstetric violence is treated within two major international human rights systems: the Inter-American System of Human Rights and the United Nations treaty body system. While obstetric violence has been increasingly recognized as a form of gender-based violence and a violation of fundamental rights, the articulation of its scope, state obligations, and standards of redress has varied across institutions.

Building on this analysis, the Article argues that a comparative approach to these systems not only illuminates key similarities and differences in legal standards, but also reveals concrete gaps and opportunities to advance the protection of reproductive autonomy. …


Legislating With An Expiration Date & The Duty To Reevaluate: Sunset Provisions As A Safeguard In Self-Defense Laws, Samantha Morales May 2026

Legislating With An Expiration Date & The Duty To Reevaluate: Sunset Provisions As A Safeguard In Self-Defense Laws, Samantha Morales

University of Miami International and Comparative Law Review

Self-defense laws have a long history in the jurisprudence of many countries around the world, reflecting the essential right to protect oneself from harm. At their core, self-defense laws seek to balance the rights of individuals against one another in threatening, violent, or high-risk scenarios, presenting a classic legal dilemma—one person’s rights end where another’s begin.

Through a comparative and analytical lens, this Note explores the origins, current state, and impact of self-defense laws, focusing specifically on the United States and the United Kingdom. Tracing the development of self-defense doctrine from its roots in the common law, the analysis highlights …


The Legacy Of Lead: Lead Exposure's Harmful Effects And Its Concentration In Poc Communities, Layla Sophronia Barber May 2026

The Legacy Of Lead: Lead Exposure's Harmful Effects And Its Concentration In Poc Communities, Layla Sophronia Barber

Student Theses 2015-Present

This thesis examines the disproportionate burden of lead exposure carried by low income, POC communities. The systemic nature of this problem is a symptom of a longstanding legacy of environmental injustice in the United States. Decades of federal neglect are reflected in the higher statistics of lead exposure and poisoning in predominantly black communities. While it is understood that lead exposure poses a serious threat to physical health and early cognitive development, there is a discouraging lack of urgency to remove the toxin from non-wealthy communities. The material covered by this thesis aims to identify and correct the discriminatory social …


Expanding “We The People”: Constitutional Language And Gender (In)Equality In The United States, France, Germany, And Sweden, Sophia Elaine Ward May 2026

Expanding “We The People”: Constitutional Language And Gender (In)Equality In The United States, France, Germany, And Sweden, Sophia Elaine Ward

University of Miami International and Comparative Law Review

While the U.S. Constitution opens with the inclusive promise of representing “We the People,” it remains silent on gender equality. That silence leaves gender-based rights dependent on judicial interpretation rather than constitutional command, producing uneven, unstable protections that shift with changing courts and political regimes. Although the U.S. Supreme Court addresses sex discrimination through the Equal Protection Clause, its jurisprudence relies on a formal equality framework that fails to confront structural and systemic gender inequality and offers no durable constitutional guarantee.

This Note argues that the U.S. can no longer rely on judicial interpretation alone to secure gender equality. Instead, …


Human Rights In The Americas Symposium: An Examination Of Past, Present, And Future, Caroline Bettinger-López, Tamar Ezer, Shantanice Vaxter, Hannah Garry, Alexzandrea Bartle, Austin Brewster, Brittany Findley, Ana Garcia-Velez, Andrew Kiliment, Christian Kruger, Ana Luiza Potgornik Ferreira, Abigail Matherne, Genice Nadal, Lucia Niño Junyent, Yasmin Rizvi, Amanda Sarmientos, Megan Schutzen, Roberta Spehl, Sara White, Meg Williams May 2026

Human Rights In The Americas Symposium: An Examination Of Past, Present, And Future, Caroline Bettinger-López, Tamar Ezer, Shantanice Vaxter, Hannah Garry, Alexzandrea Bartle, Austin Brewster, Brittany Findley, Ana Garcia-Velez, Andrew Kiliment, Christian Kruger, Ana Luiza Potgornik Ferreira, Abigail Matherne, Genice Nadal, Lucia Niño Junyent, Yasmin Rizvi, Amanda Sarmientos, Megan Schutzen, Roberta Spehl, Sara White, Meg Williams

University of Miami International and Comparative Law Review

Human Rights in the Americas Symposium: An Examination of Past, Present, and Future documents a week-long convening hosted by the University of Miami School of Law in November 2025, held in conjunctions with the 194th Period of Sessions of the Inter-American Commission on Human Rights. The Symposium brought together scholars, advocates, policymakers, students, artists, and community members to assess the evolution, current challenges, and future trajectory of human rights in the Americas.

Through interdisciplinary panels, thematic hearings, artistic exhibitions, and community-based engagements, participants examined pressing regional issues, including democratic backsliding, migration, housing justice, racial and gender inequality, environmental harm, and …


Protection Of The Human Rights Of Older Persons In The Americas And The Caribbean, Gloria Monique De Mees May 2026

Protection Of The Human Rights Of Older Persons In The Americas And The Caribbean, Gloria Monique De Mees

University of Miami International and Comparative Law Review

The Americas and the Caribbean are undergoing rapid demographic aging amid structural inequality, widespread informality, and fragile social protection, exposing older persons to heightened risks of disease, poverty, exclusion, and abuse while reinforcing their construction as dependents rather than autonomous rights-holders. Grounded in the Inter-American Human Rights System, and complemented by empirical evidence, the analysis situates demographic aging as a structural human rights priority and traces the evolution of regional standards culminating in the Inter-American Convention on Protecting the Human Rights of Older Persons. It then examines advances and gaps in national protection systems in Latin America and the Caribbean …


Homelessness In The Caribbean: From Colonial Roots To Rights-Based Responses, Wilmy Dessalines, Tamar Ezer, Gabriela Valentín Diaz May 2026

Homelessness In The Caribbean: From Colonial Roots To Rights-Based Responses, Wilmy Dessalines, Tamar Ezer, Gabriela Valentín Diaz

University of Miami International and Comparative Law Review

This Article provides an analysis of homelessness across four Caribbean localities—the Dominican Republic, Haiti, Jamaica, and Puerto Rico. Each locality brings a diverse history connected to colonial legacies and realities from Spain, France, the United Kingdom, and the United States. They capture a cross-section of the Caribbean and reveal that homelessness is shaped by legal and governance systems rooted in colonial inheritance that promote exclusion over social protection: from vagrancy laws that regulate presence in public space to land systems that legalize dispossession and facilitate displacement. Laws punishing vagrancy and life-sustaining activities serve as instruments of social control that systematically …


Police Accountability For Racial Justice And Equality: A Human Rights Analysis Of Perceptions Of Police Legitimacy In Orlando, Florida, Katherine Wilson Mccoy, R. Denisse Córdova Montes May 2026

Police Accountability For Racial Justice And Equality: A Human Rights Analysis Of Perceptions Of Police Legitimacy In Orlando, Florida, Katherine Wilson Mccoy, R. Denisse Córdova Montes

University of Miami International and Comparative Law Review

The murder of George Floyd marked a watershed moment in the global fight against racism. In response, the United Nations Human Rights Council adopted Resolution 43/1, calling for a comprehensive report on systemic racism and human rights violations against Africans and people of African descent by law enforcement. Despite this increased scrutiny, legislators have increasingly used laws to police poverty. Florida House Bill 1365 went into effect on October 1, 2024, prohibiting public camping and sleeping on public property without authorization. Critics argue that such measures disproportionately target marginalized groups by criminalizing life-sustaining activities. Research suggests that repeated interactions, especially …


Peran Regulasi Dalam Penanggulangan Masalah Keamanan Informasi Suatu Pendekatan Normatif Sosiologis, Freddy Harris, Bono Budi P. May 2026

Peran Regulasi Dalam Penanggulangan Masalah Keamanan Informasi Suatu Pendekatan Normatif Sosiologis, Freddy Harris, Bono Budi P.

Jurnal Hukum & Pembangunan

Abstract


Hidden In Plain Sight: A Critical Examination Of The Sec’S Climate Disclosure Rule And Shortcomings In Addressing Multinational Instances Of Industrial Pollution, Charity Christina Williams May 2026

Hidden In Plain Sight: A Critical Examination Of The Sec’S Climate Disclosure Rule And Shortcomings In Addressing Multinational Instances Of Industrial Pollution, Charity Christina Williams

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Smash And Grab: How Cultural Property Theft And Destruction Erase Civilizations, Katie-Ann Miller May 2026

Smash And Grab: How Cultural Property Theft And Destruction Erase Civilizations, Katie-Ann Miller

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Ending The Stigma: Abolishing India’S Marital Rape Exception And Post Abolition Practices, Hibah Hasan May 2026

Ending The Stigma: Abolishing India’S Marital Rape Exception And Post Abolition Practices, Hibah Hasan

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.