Digital Commons Network^™

The Meira Paibis Of Manipus: Locating Agency, Bidyalaxmi Salam

Indonesia Law Review

‘Meira Paibi’ is an all-women grassroots resistance movement in Manipur (India). It emerged in 1980s against state atrocities committed under the ambit of the Armed Forces Special Powers Act, 1958 (AFSPA). Their ‘contentious politics’, protest rallies and demonstrations, have gained significant mainstream attention. Often than not, Meira Paibi’s image is interpreted as symbol of women’s empowerment. Women’s visibility in the public domain is not a new phenomenon in Manipur. Manipur had witnessed a number of women’s uprisings both during and post-colonial period. To conclude women’s engagements in the public domain as a sign of empowerment or passive victims in the …

Neurodiversity And The Legal Profession, Kala Mueller, Stefanie S. Pearlman

Nebraska College of Law: Faculty Publications

This article discusses ways to make the legal profession in Nebraska more accessible and inclusive for neurodivergent attorneys, beginning in law school and continuing through licensing, and hiring practices.

The Rise Of Nonbinding International Agreements: An Empirical, Comparative, And Normative Analysis, Curtis A. Bradley, Jack L. Goldsmith, Oona A. Hathaway

University of Chicago Law Review

The treaty process specified in Article II of the Constitution has been dying a slow death for decades, replaced by various forms of “executive agreements.” What is only beginning to be appreciated is the extent to which both treaties and executive agreements are increasingly being overshadowed by another form of international cooperation: nonbinding international agreements. Not only have nonbinding agreements become more prevalent, but many of the most consequential (and often controversial) U.S. international agreements in recent years have been concluded in whole or in significant part as nonbinding agreements. Despite their prevalence and importance, nonbinding agreements have not traditionally …

The 2022 Alabama Executions And The Crisis Of American Capitalpunishment, Alexandra L. Klein

Nevada Law Journal

The Death Penalty Information Center described 2022 as “the year of the botched execution” in its 2022 Annual Report. Alabama’s execution errors were especially serious: it attempted to execute four people, botched three of its four executions, and ultimately called off two executions. Alabama’s 2022 executions and its errors are the culmination of common problems in capital punishment across the United States. A full understanding of capital punishment requires an analysis of individual cases, including executions, and analysis of how that case fits within the system of capital punishment. Evaluating a single case may reveal unfairness and arbitrariness, but tracking …

One Of The Safeguards Of The Constitution: The Direct Tax Clauses Revisted, James W. Ely Jr.

Vanderbilt Law School Faculty Publications

James Madison's insistence that the apportionment rule governing the imposition of direct taxes by Congress was a constitutional safeguard highlights a puzzle that has plagued constitutional law since the early days of the Republic. The Constitution does not bar Congress from imposing direct taxes, but twice provides that direct taxes "shall be apportioned among the several States which may be included within this Union, according to their respective Numbers." In times of crisis, notably during the War of 1812 and the Civil War, Congress levied direct taxes on real estate and slaves. It specified the aggregate amount to be collected …

Framing Effects, Rhetorical Devices, And High-Stakes Litigation: A Cautionary Tale, Marcus Moore

All Faculty Publications

Opposing lawyers frame the facts of a case to serve their client, craft leading questions, and exert pressure on the witness to go along with their desired answer. To counter this, counsel for the witness must anticipate this and prepare the witness to tacitly ask themselves before answering such questions: whether a frame is being employed?; and if so, they should respond in their own words, rather than in the terms put to them by the opposing lawyer. Courts might counsel themselves to employ similar caution when incorporating discussion taken from politics or related policy debate. They may not be …

Rethinking Acting In Concert: Activist Esg Stewardship Is Shareholder Democracy, Dan W. Puchniak, Umakanth Varottil

Research Collection Yong Pung How School Of Law

In May 2021, Engine No. 1, an investment fund, was lauded by the responsible investment community for successfully placing three dissident independent directors on ExxonMobil’s board. It achieved this by being a catalyst for institutional investors to become backers of environmental shareholder activism. The unprecedented success of Engine No. 1’s campaign has spurred calls for a new, more sustained, activist engagement model by institutional investors, now known as “activist stewardship”.However, there is a significant legal hurdle that has been almost entirely overlooked by those calling for this new approach for institutional investors to become activist stewards: acting in concert rules. …

Collect Cosmic Dust, Make It Into Bright Stars: The Use Of Temporal Data In Regeneration Of Life Space And Time Via A Construction Of The Political-Sociological Theory Of Justice, Yi Wang

Dissertations, Theses, and Capstone Projects

This thesis argues for an argument-counterargument approach to the atypical classics of Franz Kafka and Emily Dickinson. This approach to the literature is useful for a construction of the political-sociological theory of justice, which claims that the state of a just world is each individual’s lifetime moving in a dialectic-of-anti-violence-and-non-violence manner.

The Implementation Of The Religion Rights For Transgender In Indonesia, Ratih Andani Setyo Budhi

Indonesia Law Review

The rights to conduct religious practice are undoubtedly essential for all human beings, including transgender people. However, in practice, they often found obstacles in implementing their fundamental rights to pray to God. The main objectives of this paper are to understand the statutory laws applicable in Indonesia regarding the rights of the religion of the Indonesians for transgenders, and how is the actual implementation by the government in fulfilling the rights, as well as examining case experienced by the transgenders who live in Pondok Pesantren Waria (Female Transgender Madrasa) Al- Fatah Yogyakarta. The Author was using a combination of library …

Gender And Deception: Moral Perceptions And Legal Responses, Gregory Klass, Tess Wilkinson-Ryan

Northwestern University Law Review

Decades of social science research has shown that the identity of the parties in a legal action can affect case outcomes. Parties’ race, gender, class, and age all affect decisions of prosecutors, judges, juries, and other actors in a criminal prosecution or civil litigation. Less studied has been how identity might affect other forms of legal regulation. This Essay begins to explore perceptions of deceptive behavior—i.e., how wrongful it is, and the extent to which it should be regulated or punished—and the relationship of those perceptions to the gender of the actors. We hypothesize that ordinary people tend to perceive …

Square-Peg Frauds, Miriam H. Baer

Northwestern University Law Review

The square-peg fraud is a kind of case that until very recently enjoyed the widespread support of prosecutors, jurists, and the general public. Rather than punishing a scheme that rids a victim of her money or property, the square-peg prosecution has long focused on deprivations of intangible property. For years, enforcement actors have employed this concept to pursue innumerable varieties of corruption.

Nowhere has the square peg been more essential than in the government’s prosecution of higher education scandals. From the Varsity Blues parents who wrongfully secured elite college slots for their children, to the business school dean who shaped …

The Library & Generative Ai, Nat Gustafson-Sundell, Mark Mccullough

Library Services Publications

A demonstration of several AI tools, including ChatGPT, ChatPDF, Consensus, and more. The focus of the session is on potential student uses of the tools and related library initiatives, so we address the limits of ChatGPT as an information source. Librarians can help students learn how to use these tools responsibly and provide leadership on campus as AI is integrated into assignments.

The Chechen Kadyrovtsy’S Coercive Violence In Ukraine, Wilson A. Jones

The US Army War College Quarterly: Parameters

Russia pioneered exploiting civilian inequalities to maximize military effectiveness in Chechnya, contributing to the Kadyrovtsy blocking detachments observed in Ukraine. Kadyrovtsy, pro-Russian Chechens, are drawn from a unique political order enabling this specialized military role. Military inequality literature typically ignores how minority-ethnic forces often serve in specialized combat roles. Understanding the Chechen Wars, the Kadyrov regime, and living standards in Russia helps explain these minority-ethnic blocking detachments in Ukraine. Analysis of this vital section of Putin’s regime offers actionable recommendations for Western actors to undermine Russian military efforts and identifies the potential risks of those actions.

Addressing Barriers To Diversity, Equity, And Inclusion In Massachusetts Community Mediation, Madhawa Palihapitiya, Shino Yokotsuka, Karina Zeferino, Jarling Ho

Massachusetts Office of Public Collaboration Publications

This report presents over three years of systematically engaging, documenting and analyzing the diversity, equity and inclusion (DEI) needs/gaps and assets of state funded community mediation centers in Massachusetts. The report was compiled by researchers and an in-house DEI expert at the statutory state office of dispute resolution, the Massachusetts Office of Public Collaboration (MOPC) at the University of Massachusetts Boston. The office has been serving as a neutral forum and state-level resource for over 30 years.

The report is based on qualitative research that falls into the category of community based participatory research conducted through a series of community …

Does Today's India Need 'Decolonisation' Speak?, Salmoli Choudhuri, Moiz Tundawala

Popular Media

This article analyses the introduction of three new Bills to replace the Indian Penal Code, 1860, the Indian Evidence Act, 1872 and the updated Criminal Procedure Code of 1973—the Bharatiya Nyaya Sanhita, Bharatiya Sakshya Bill and Bharatiya Nagarik Suraksha Sanhita, respectively—in light of Indian and global discourse on decoloniality.

Excerpt:

"The proposed exercise of indigenising laws – insincere at best and dangerous at worst – would only bring about a surface-level change of the imaginary through a spectacular show of rejecting the colonial inheritance while harbouring no aspirations for freedom at the structural and systemic level of the symbolic order …

From Lau To Now: A Phenomenological Study Of The Experiences Of Secondary Educators With Monolingual Driven Language Laws, Brooke Elizabeth Boutwell

Doctoral Dissertations and Projects

The purpose of this phenomenological study was to examine the influence of monolingually biased federal language policies on English language learners and secondary educators in a middle school in the Oceana School District. The theory guiding this study was Richard Ruiz’s Orientations in Language Planning as it pertains to ideology behind language policy. The transcendental phenomenological study was conducted in the Oceana School district at Waves Middle School. Participants included seven middle school content teachers, a school administrator, and two English as a second language specialists. All participants were chosen based on the criteria of having worked in the Oceana …

Covid-19 Pandemic’S Impact On Online Sex Advertising And Sex Trafficking, Coxen O. Julia, Vanessa Castro, Bridgette Carr, Glen Redin

Articles

Disruptive social events such as the COVID-19 pandemic can have a significant impact on sex trafficking and the working conditions of victims, yet these effects have been little understood. This paper examines the effect of the COVID-19 pandemic on sex trafficking in the United States, based on analysis of over one million sexual service advertisements from the online platform Rubratings.com, using indicators of third-party management as potential proxies for trafficking. Our results show that there have been measurable changes in online commercial sexual service advertising, both with and without third-party management indicators, in the United States, with a significant decrease …

Ensuring Quality In Qualitative Research: A Researcher's Reflections, Niroj Dahal

The Qualitative Report

This reflective paper is the outcome of my qualitative research engagement aligned with quality standards. I began with autoethnography in my master's research in mathematics education (see Dahal, 2013), then moved on to narrative inquiry in my MPhil research (see Dahal, 2017), and collaborative autoethnography in my doctoral research (see Dahal, 2023). With the above, this paper aims to clarify the quality criteria used in autoethnography, narrative inquiry, and collaborative autoethnography based on my experiences to evaluate the robustness of qualitative research from various ontological and epistemological vantage points. Likewise, this article offers a comprehensive overview of the key elements …

Vested Patents And Equal Justice, Adam Macleod

Catholic University Law Review

In a time of renewed interest in equal justice, the vested patent right may be timely again. Vested patent rights helped marginalized Americans to secure equal justice earlier in American history. And they helped to make sense of the law. Vested patent rights can perform those tasks again today.

The concept of vested rights render patent law coherent. And it explains patent law’s interactions with other areas of law, such as property, administrative, and constitutional law. The vested rights doctrine also can serve the requirements of equal justice, as it has several times in American history. Vested rights secure justice …

Addressing Barriers To Diversity, Equity, And Inclusion In Massachusetts Community Mediation, Madhawa Palihapitiya, Jarling Ho, Shino Yokotsuka, Karina Zeferino

Massachusetts Office of Public Collaboration Publications

This report presents over three years of systematically engaging, documenting and analyzing the diversity, equity and inclusion (DEI) needs/gaps and assets of state funded community mediation centers in Massachusetts. The report was compiled by researchers and an in-house DEI expert at the statutory state office of dispute resolution, the Massachusetts Office of Public Collaboration (MOPC) at the University of Massachusetts Boston. The office has been serving as a neutral forum and state-level resource for over 30 years.

The report is based on qualitative research that falls into the category of community based participatory research conducted through a series of community …

2022 St. John’S University Biennial Poverty Conference Abstracts, Patrick Griffin, John M. Conry

Journal of Vincentian Social Action

No abstract provided.

Data Is The New Gold: A Singapore Perspective On The Duty Of Care Concerning A Dataset’S Role In Contributing To Bias And Ai Hallucinations, Daniel Seah

Research Collection College of Integrative Studies

Amidst the trends and advances in Artificial Intelligence (AI) techniques, the dataset’s key role in creating AI harms is a constant. Yet the literature’s attention is typically focussed on the machinelearning’s role, from which the dataset’s role is examined usually in terms of its potential for bias. Datasets also contribute to AI hallucinations. Again, the literature focuses on the composite roles of datasets and AI models in hallucinations, in isolation from a dataset’s contributory role in creating bias. Therefore, the overlapping and distinctive roles of datasets, as a dual contributor, are understudied in the literature. Through the legal concept of …

Tracing The Roots Of A Poisonous Tree: On The Origins And Impact Of Criminal Terminology In A Civil Apprehension Scheme, Shani Mahiri King, Nicole Silvestri Hall

New Mexico Law Review

Language is powerful. It can affect how we think about and treat groups of people. Poor language choices have a massive impact on immigration law, an area of the law that determines how groups of perceived “outsiders” are classified and regulated. Language and bias in judicial opinions have been studied, but less research has been done on poor language choices in immigration statutes. This Comment focuses on the harmful effects of poor language choices in immigration statutes, including the criminal terminology “arrest” and “warrant” in civil immigration apprehension statutes 8 U.S.C. Sections 1226 and 1357. Two fundamental problems arise when …

Wireless Investors & Apathy Obsolescence, Sergio Alberto Gramitto Ricci, Christina M. Sautter

Faculty Works

This Article discusses how a subgenre of retail investors makes investors’ apathy obsolete. In prior work, we dub retail investors who rely on technology and online communications in their investing and corporate governance endeavors “wireless investors.” By applying game theory, this Article discusses how wireless investors’ global-scale online interactions allow them to circulate information and coordinate, obliterating collective action problems.

“Engines Of The Ruling Party”: The Establishment Clause And The Power Politics Of “Managing Diversity”, Robert A. Destro

UC Law Journal

No abstract provided.

Addressing Health Crises Through Courts? Climate Litigation In Latin America, The Right To Health And Vulnerable Populations, Thalia Viveros Uehara

Graduate Doctoral Dissertations

As Latin America faces increasing climate-related health crises that disproportionately affect populations experiencing poverty and social exclusion, it becomes increasingly urgent to realize the most vulnerable's right to health. While the region's new constitutionalism (NLAC) has made progress in protecting this right, it has only recently begun to intersect with climate change law through rights-based climate litigation. This dissertation takes a transdisciplinary multi-methods research approach to answer the following question: How do health crises emerge within, and how are they addressed by courts through, domestic climate litigation in Latin America? Specifically, it examines how health concerns for vulnerable populations are …

Queer Crises: Movements From Queerness And Feelings Of White Religion In The United States, Austin Williams Miller

Communication ETDs

Anchored by contemporary crises surrounding queer and trans people in the United States, I employ movements from queerness within an affective queer phenomenological framework to understand how arrangements of “white religion” (Schaefer, 2015, p. 63), a process whereby U.S. American Christian forms escape ideology into religious affective economies in the United States, relegate queer people “to the background… to sustain a certain direction” (Ahmed, 2006, p. 31). I assemble a queer rhetorical context analyzing white religious space in documentary film, secular sexual regulation through contemporary U.S. legal contexts around marriage, and settler colonial Christian nationalist political imaginations to critique how …

The Boomer Interregnum: How Conservative Thought Dressed Up As Memory Will Shape An America That The Founders Never Intended, Joshua J. Schroeder

Ohio Northern University Law Review

No abstract provided.

Unclos, Undrip & Tartupaluk: The Grim Tale Of Hans Isle And Graense, Christopher Mark Macneill

Sustainable Development Law & Policy

“Inuit have lived in the Arctic from time immemorial.” The Arctic, in the face of climate change, has become a hot spot for exploration, resource extraction, and increased shipping and scientific activity. “[The] Inuit . . . have had a common and shared use of the sea area and the adjacent coasts” among their own communities, and contemporaneously with the world. This vast circumpolar Inuit Arctic region includes land, sea, and ice stretching from eastern Russia (Chukotka region) across the Berring Strait, to Alaska, the Canadian Arctic, and Greenland, representing an Inuit homeland known as Nunaat. Hans Isle, a small …

Ontological Constructivism In Higher Education: To Have, To Know, To Be, Richard Dubé

Turning Toward Being: The Journal of Ontological Inquiry in Education

The first objective of this article is to acknowledge the significant contribution of constructivism in its ability to critically challenge what realism often takes for granted as certain or as the truth. The second is to explore how it could go much further, beyond thinking and into being. Having concerned itself mostly with epistemology and the transformation of our ways of thinking, constructivism has come to neglect ontology and the possible transformation of our ways of being. Such an ontological turn is considered important for the reform of higher education.