Digital Commons Network^™

Jurisdiction Over Justice: How Misinterpreting Procedures Under The Federal Tort Claims Act Harms Plaintiffs, Kara L. Anderson

University of the Pacific Law Review

No abstract provided.

Two Forms Of Formalism In Contract Law, Gregory Klass

Cardozo Law Review

Formalism in contract interpretation has had many defenders and many critics. What lawmakers need, however, is an account of when formalism works and when it does not. This Article addresses that need by providing a general theory of contract exposition and differentiating between two forms of formalism in contract law. Formalities effect legal change by virtue of their form alone, thereby obviating interpretation. Examples include “as is,” the seal, and sometimes contract boilerplate. Evidentiary formalism, in distinction, limits the evidence that goes into interpretation. Plain meaning rules are an example of evidentiary formalism. This Article provides a detailed analysis of …

Carceral Apartheid: Centering State Responsibility For The Racial Order, Ion Meyn

Cardozo Law Review

Racial harms are often attributed to private ordering. But the power of White communities to subordinate communities of color is not a constellation of private acts independent of state violence. When scrutinized, acts of racial exclusion, segregation, and violence persist to the extent they are aligned with the political order and backed by the state’s violent guarantee. The knowledge that any resistance to these acts will be met with state retribution bristles in the background.

There are different ways in which state violence produces and reproduces the racial order: (1) direct violence; (2) a violent guarantee backing communal acts of …

Aid Or Abuse? A Review Of U.S. Police Assistance Programs In Latin America During The Early Cold War, Brianna Mcnally

War, Diplomacy, and Society (MA) Theses

During the Cold War, the United States used police assistance programs in under-developed countries to stop the spread of communism. Police aid aimed to improve a country’s economic stability and internal security to curb the rise of communist revolutions. The U.S. government charged the Office of Public Safety (OPS) within the U.S. Agency for International Development (USAID) with managing police assistance programs around the world, including in Asia, Africa, and Latin America.

Despite its seemingly good intentions, the OPS became a short-lived program now known today for its ties to human rights abuses, especially throughout Latin America. Several Latin American …

Critical Analysis Of Archival Data: The Alvarado V. Episd Case, Mauro Alfredo Hinojosa

Open Access Theses & Dissertations

This research analyses the Alvarado vs. El Paso Independent School District legal files, housed at the Sonnichsen Special Collections Department, The University of Texas at El Paso Library. This dissertation explored the following questions: Research question 1 (RQ1): What are the political and social-cultural contexts of the Alvarado case based on the Archives?; and Research Question 2 (RQ2): impact on school education, to include themes in policy and leadership. A qualitative research approach framed through Latino Critical Race Theory exposes how the U.S. education system has historically reinforced White perspectives and marginalized Latino groups, specifically focusing on Mexican-American students in …

Roger Williams University 2024 President's Report: A Message From President Miaoulis, Roger Williams University

Life of the Law School (1993- )

No abstract provided.

Harvesting Hope: How La Casa De La Cultura Serves Migrant Families Through Health And Advocacy Programs, Ana Ruiz

Capstone Projects and Master's Theses

This project aims to enhance community engagement in Pajaro through strategic outreach and marketing efforts for weekly meetings hosted at La Casa de la Cultura. By increasing awareness and participation, the initiative seeks to empower residents, especially those from marginalized backgrounds, to access vital resources and services. The project will collect data on attendance and community interests, leading to more tailored presentations that address pressing concerns. Ultimately, this outreach aims to foster a unified, informed community capable of advocating for its needs and accessing available support systems effectively.

The Relationship Between Police Stress And Officer Misconduct, Leobardo Lopez-Cristobal

UNLV Theses, Dissertations, Professional Papers, and Capstones

Recent high-profile and controversial police-related incidents have sparked an intensified public discourse on police misconduct. This has resulted in increasing calls for greater accountability and transparency within U.S. police agencies. Much of the existing research on police misconduct centers around two competing explanations: the "bad apples" perspective, which attributes misconduct to individual officers, and the "bad barrels" perspective, which points to systemic or organizational factors (Rojek, Decker, & Wagner, 2015). However, one factor that has been underexplored in the literature is the role of police stress in influencing deviant police behavior. Previous studies suggest a potential link between police-related stress …

Health Law And Democracy, Wendy K. Mariner

Faculty Scholarship

Current political divisions are destabilizing existing laws affecting the health field. Major changes in the field of health law have one thing in common: changes in who holds political power ‒ Congress and state legislatures, governors, presidents, judges, and agency officials. The laws that structure financial, economic, educational, and health care systems, environmental conditions, and civil society are primarily the product of elections that populate our political institutions. These structural determinants of health in turn create laws that influence how ‒ and how well ‒ we live and whether our society functions fairly under the rule of law. Thus, who …

Prevention Is Better Than Cure: Rethinking Court Behaviour And Design, De Maartje Visser

Research Collection Yong Pung How School Of Law

Using a relational dynamics perspective, this commentary considers how to buttress courts' ability to practice their role as guardians of the constitution. It suggests that we should pay more attention to empowering the general public to provide meaningful social support for courts through constitutional literacy efforts. Such literacy efforts should focus on the place of the court within the separation of powers and the value of judicial independence. At the same time, it may be prudent to redact the list of tasks given to constitutional courts and divest responsibility for some activities to other institutions.

High Theory In Chinese Law, Mark Jia

Georgetown Law Faculty Publications and Other Works

The most contested question in the study of Chinese law is also its most enduring one: How should we characterize China’s legal system? In recent years, scholars have advanced numerous theories to explain Chinese law. Some have emphasized legality; others have stressed order; still others have described the system as dual or multi-faceted.

This Essay contributes a set of meta-theoretical insights to these discussions. It argues that the preceding debates would benefit from reflecting on the general qualities that make theories good, with special attention to the analytic costs and benefits of different modes of theorizing. It distinguishes between monist …

Violence In The Administrative State, Emily R. Chertoff

Georgetown Law Faculty Publications and Other Works

Drawing on an original, interview-based case study of Immigration and Customs Enforcement (ICE) and a synthesis of six decades of social science literature, this Article offers a theory of physical violence in the administrative state that challenges foundational assumptions about administrative law. Approximately one-fifth of federal employees work for administrative agencies that police, fight wars, enforce immigration law, or incarcerate people—in other words, agencies that use force to execute the laws. These agencies are saturated with administrative law that obligates front-line administrators to confer due process, give notice, behave non-arbitrarily, and comply with law. Yet this law often fails to …

Intellectual Property, Global Inequality, And Subnational Policy Variations, Peter K. Yu

Faculty Scholarship

This chapter criticizes the oversimplification of the binary North–South debate on intellectual property, innovation, and global inequality and highlights the wide geographic, sectoral, and income inequalities within middle-income countries. It begins by explaining why the arrival of these countries has called into question the North–South debate. The chapter then moves from the widely studied subject of global inequality to the underexplored topic of national inequality. Focusing on the intellectual property context, the discussion highlights the considerable subnational variations in the economic and technological conditions of middle-income countries. To combat national inequality, this chapter concludes by recommending interventions in three areas: …

Introduction To Intellectual Property, Innovation And Economic Inequality, Daniel Benoliel, Peter K. Yu

Faculty Scholarship

This chapter provides an introduction to Intellectual Property, Innovation and Economic Inequality. It begins by discussing the problem of economic inequality, including the scale of that problem, types of economic inequality, and extant research on such inequality. The chapter then outlines the structure of this volume, which is divided into three parts: (1) theoretical, empirical, and policy issues; (2) intellectual property and national inequality; and (3) intellectual property and global inequality.

Ai: A New Lone-Wolf Terrorism In The Digital Era (Preliminary Analysis), Marthsian Yeksi Anakotta Mya

Journal of Terrorism Studies

This article addresses two fundamental inquiries: can AI engage in acts of terrorism? If so, how might such a phenomenon occur? My hypothesis posits that AI is capable of independently committing acts of terrorism, a classification derived from the study of terrorism known as lone-wolf terrorism. To address these dual issues, this article adopts a criminological approach, which is further elaborated through an examination of lone-wolf terrorism and the advancement of artificial intelligence. As is widely recognized, contemporary terrorist organizations have harnessed technological advancements in the realm of information and communication to perpetrate acts of terrorism within the digital sphere. …

(Un)Worlding With Karipuna’S Shadowy Alliances: The Mirangã And The Isolados, Hanmin Kin

Tipití: Journal of the Society for the Anthropology of Lowland South America

This ethnographically inspired article investigates the ways in which the Karipuna Indigenous people in Rondônia defend their land in the Western Brazilian Amazon against forces of deforestation and dispossession. I focus on the Karipuna’s plurivalent and collective forest spirits called the mirangã, through life experience accounts of two survivors from the “pre-contact” era who embody the Karipuna-mirangã connection. Through an analysis of the onto-epistemological entanglements in which the mirangã and my interlocutors are situated, I articulate another front of the Karipuna’s multi-faceted resistance: the struggle of worlding vis-à-vis the non-indigenous world. This process also reveals the association (from …

Dismantling The Dogma Of Dot: A Human Rights-Based Review Of Directly Observed Therapy For Tuberculosis, Brian Citro, Dr. Jennifer Furin, Rhea Lobo, Ingrid Schoeman, Timur Abdullaev, James Malar

Northwestern Journal of Human Rights

The global tuberculosis (TB) response is at a crossroads. In recent years, new ideas, technologies, and political commitments have reinvigorated the fight against this age-old disease that kills more people each year than HIV and malaria combined. But with key indicators just beginning to recover after moving in the wrong direction during the COVID-19 pandemic, hard-earned gains are at stake. In this rejuvenated yet challenging context, we critically review an idea and practice at the heart of the TB response—directly observed therapy or DOT. First, we explore DOT’s controversial method and history as a component of the World Health Organization’s …

Gwayak Ateg Onaakonigewi Dibenjigewin: Decolonizing Jurisdiction In Anishinaabe Tribal Courts, Kekek Jason Stark

Faculty Law Review Articles

It is generally understood as a matter of federal Indian law that determinations of tribal law should properly be interpreted by tribal courts. This is because tribal courts do not always adhere to the same legal philosophy as their settler colonial counterparts. Many tribal courts subscribe to traditional law, which is an “essential source” of tribal jurisprudence. Anishinaabe communities have maintained a rich body of traditional tribal law since time immemorial. However, these customary law principles are only recently being included in modern day Anishinaabe tribal court determinations. This article builds upon the Anishinaabe law principles articulated in recent opinions …

Consent: From Generation To Co-Production, Artchil Bellosillo Fernandez

Social Sciences and Development Review

The concept of consent and its origin is a topic of intense debate within academia. This paper contributes to the discussion by examining two main perspectives on consent. One viewpoint argues that consent is manufactured or produced, particularly by the ruling class, known as the Marxist perspective on consent. This perspective is supported by the ideas of three influential Marxist thinkers – Antonio Gramsci, Michael Burawoy, and Louis Althusser. The other perspective on consent comes from relational sociology, which suggests that consent is a collaborative effort between the parties involved. This paper delves into the works of three sociologists – …

Korea: The Enduring Policy Blindspot, Justin Malzac, Rene A. Mahomed

The US Army War College Quarterly: Parameters

The threat posed by the Democratic People’s Republic of Korea is a neglected and under prioritized problem across the US government, requiring a dramatic change of approach. Most proposals for Goldwater-Nichols reform focus on geography, either increasing or decreasing the number of geographic commands. Based on our personal experience as Joint military planners at strategic-level headquarters, we argue that the change needs to go further, focusing on global national security problems instead of geography. This article’s analysis and conclusions will provoke conversation across the national security enterprise about how the United States competes with multiple global threats.

Ethical Considerations In Qualitative Research After Dobbs, Sabrina Singh

Pace Law Review

The verdict in the Dobbs case will undoubtedly have an impact on the United States research enterprise for years to come. Since the landmark decision was handed down by the high court, researchers have warned of the impacts that the decision will have on clinical research. However, there is less discussion about how qualitative researchers will be impacted by this decision. Oftentimes, qualitative researchers are asking their participants to be vulnerable and to let researchers be privy to intimate and/or confidential details about their lives. In exchange for such access, researchers need to ensure the protection of their participants and …

More Choosers, Fewer Choices? Supported And Medical Decision-Making Law Post-Dobbs, Megan S. Wright

Pace Law Review

This Article focuses on two conflicting trends in the law of medical decision making. More states are adopting supported decision-making legislation, wherein an individual with a disability receives decision-making assistance from someone they elect to serve as a “supporter.” In the absence of supported decision making, adults with significant decisional impairments may be disqualified from making contemporaneous medical decisions. But with the advent of supported decision making, more patients with impaired cognition may have the legal authority to make contemporaneous medical decisions. While the number of people eligible to make decisions is potentially increasing due to widespread adoption of supported …

The American Way Of Studying War: What Is It Good For?, Michael P. Ferguson

The US Army War College Quarterly: Parameters

Academic military historians, government institutions, and defense practitioners have unique purposes for advancing the study of war that influence the way they consume and produce history. Although there is substantial scholarship covering how the discipline of military history has changed since the late nineteenth century, the literature surrounding why it changes and how it is used is less plentiful. Using primary and secondary sources to contextualize debates between historians, this study traces major developments in military historiography, considers the US Army’s relationship with its history, and explores potential connections between a history’s purpose and its use for military professionals.

Introduction—Bioethics After Dobbs, James Toomey

Pace Law Review

No abstract provided.

The Alabama Embryo Decision In Ethics, Law, And Politics, I. Glenn Cohen

Pace Law Review

No abstract provided.

Dobbs And Sterilization Decision-Making: Understanding The Coercive Spillover Effects In Reproductive Choice, Thomas Wilson Williams

Pace Law Review

The Supreme Court majority in Dobbs v. Jackson Women’s Health Organization argued their decision would have limited impact beyond abortion rights. This Article examines how Dobbs and subsequent state abortion restrictions are likely to increase women’s reliance on permanent sterilization procedures, particularly among already marginalized populations. Drawing on emerging data and historical context, I argue that some post-Dobbs sterilizations should be understood as effectively coerced by state policies, implicating reproductive justice concerns and potentially undermining fundamental rights established in Skinner v. Oklahoma. Then, I demonstrate how interdisciplinary bioethics frameworks and methodologies can help courts better understand the full …

Parameters Winter 2024-25, Usawc Press

The US Army War College Quarterly: Parameters

Welcome to the Winter 2024–25 issue of Parameters. This issue consists of an In Focus special commentary, three forums (Indo-Pacific, Security Cooperation, and Historical Studies), and the regular Civil-Military Relations Corner installment.

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Casar Auc Community Lecture: ‘Gender-Based Violence,Women And The Law In Egypt And The Us’, The Prince Alwaleed Center For American Studies And Research Casar

Performances, Events, and Presentations

This engaging - AUC community only - special topics lecture discussed the social challenges and legal obstacles women face when discussing gender based violence crimes in Egypt shedding a comparative light on the US given the recent election results.

This event hosted Counselor Mohamed Samir Ahmed, Spokesperson of the Administrative Prosecution Authority (APA) in Egypt, Independent Lecturer in Political Science & Gender Based Violence Crimes.

The event was moderated by CASAR Assistant to Director & Adjunct Faculty Yasmeen El-Ghazaly.

This lecture was a collaboration between The Prince Alwaleed Center for American Studies and Research (CASAR AUC EGYPT ) and the …

Upstream Lawyering: A Framework For Poverty Law, L. Kate Mitchell

DePaul Law Review

No abstract provided.