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Law, Critique And The Believer's Experience, Jean D'Aspremont

Dalhousie Law Journal

I have come to think that, most of the time, radical critics of a given discursive practice were once believers in that practice’s necessities and realities. In particular, I am of the opinion that one comes to appreciate the power of a discourse only when one has genuinely and personally experienced the necessitarian pull as well as the realities such discourse creates. To put it in phenomenological terms, I think that radical scepticism is often the expression of some self-revulsion at one’s earlier beliefs. The phenomenological causality described here is thus not simply about the devastating rage that one can …

Trade Law Policing On The Factory Floor: Next Generation Agreements And Their Corporate Accountability Tools, Kathleen Claussen

Articles

Trade policymakers' increased attention to sustainability has prompted the development of trade tools focused on corporate accountability within international trade agreements. As evidenced by the creation and use of the United States-Mexico-Canada Agreement's Rapid Response Labor Mechanism, this institutional shift has potent implications for labour rights and environmental protections. This article, which transcribes a lecture delivered at the Lauterpacht Centre in October 2023, scrutinises the turn toward supply-chain policing within international trade law and its institutional, legal, sociological, rhetorical and disciplinary effects.

Firearms Carceralism, Jacob D. Charles

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

Gun violence is a pressing national concern. And it has been for decades. Throughout nearly all that time, the primary tool lawmakers have deployed to stanch the violence has been the machinery of the criminal law. Increased policing, intrusive surveillance, vigorous prosecution, and punitive penalties are showered on gun offenders. This Article spotlights and specifies this approach--what it calls “firearms carceralism”--and details how a decades-long bipartisan consensus generated a set of state-centered solutions to gun violence that has not meaningfully impacted the problem. Instead, those policies have exacerbated racial inequity and compounded civic and community harms. The Article traces the …

Bridging The Paradigmatic Crevasse Between Lawyers And Scientists: The Need For New Institutional Models, Stanley P. Kowalski, Stanley Kowalski

The University of New Hampshire Law Review

The professions of science and law have traditionally been siloed paradigms, operating often in tandem with each other but rarely intersecting in the interdisciplinary pasture which separates them, a pasture from which an abundance of synergistic collaboration and ensuing creative concepts might sprout. However, the erstwhile never the twain shall meet situation is neither realistic nor even tenable in the current century, a century increasingly dominated by science, technology, invention, innovation, and intellectual property. Simply put, whereas lawyers are risk averse and build constructed realities to argue points and serve clients, scientists seek an objective assessment of truth and accept …

Adoption As Substitute For Abortion?, Malinda L. Seymore

Faculty Scholarship

In Dobbs v. Jackson Women’s Health, Justice Samuel Alito relied on adoption as part of the justification for holding that abortion is not constitutionally protected: “States have increasingly adopted ‘safe haven’ laws, which generally allow women to drop off babies anonymously; and that a woman who puts her newborn up for adoption today has little reason to fear that the baby will not find a suitable home.” Using adoption as an adequate substitute for abortion is a long-standing strategy for the antiabortion movement; but it is often embraced by pro-choice advocates as well. This position is supportable only if the …

The Myth Of Slavery Abolition, Jocelyn Getgen Kestenbaum

Articles

In many countries today, slavery and the slave trade continue with impunity. International human rights law prohibits both abuses, but states are rarely held accountable and people who are enslaved or slave traded rarely receive redress. This Article offers a novel account of why international human rights law advocacy neglects slavery and the slave trade. Specifically, this Article demonstrates that the abolition of the Transatlantic and East African slave trades was achieved through a legal framework that marginalized the human rights of enslaved persons while consolidating empire. In the wake of World War II, prohibitions on slavery and the slave …

Water Management And Conservation In India Fostering Water Justice: Arguing For Adopting Just Sustainability In Water Governance, Gayathri D Naik Dr, Sanjay Shenoi P

Articles

The water sector is characterised by everyday water injustices where factors like social discrimination, economic disparities, and political preferences influence the determination of water resource access, allocation, and management. The increasing anthropogenic impacts on water resources and consequent threats to sustainability add to the water injustices, often impacting the poorer, socially downtrodden communities that bear the brunt of water scarcity and cannot afford alternatives. The current water governance patterns, prioritising equality over equity, fail to address the issues of water injustices created by social, political, and economic factors in water management and sideline the ecological impacts on water resources. Moving …

An Affirmative Approach To The Supreme Court's Major Questions Doctrine & Chevron Skepticism, Brandon Weiss

Scholarly Articles in Law Reviews & Journals

In light of the Major Questions Doctrine and the U.S. Supreme Court’s broader retrenchment from Chevron, which for forty years has dictated that in the face of statutory ambiguity courts will defer to reasonable agency interpretations, difficult questions arise for agency officials. For example, as the U.S. Department of Housing and Urban Development (HUD) considers options for implementing the Federal Fair Housing Act, some scholars have cautioned against running afoul of the Court’s recent jurisprudence and have argued for a relatively conservative approach to rulemaking, focused on voluntary incentives for compliance.

In this Essay, I disagree and argue for a …

Abortion, Citizenship, And The Right To Travel, Rebecca E. Zietlow

Employee Rights and Employment Policy Journal

This article considers the changed landscape for abortion rights since the United States Supreme Court’s opinion in Dobbs v. Jackson Women’s Health. Before Dobbs, the right to choose an abortion was a fundamental right under federal law, enforceable against all state governments. After Dobbs, the scope of one’s right to choose an abortion depends on the state in which one lives, and if abortion is illegal in their home state, their right to travel to another state where abortion is legal. The right to travel is particularly important for workers who must live in an anti-abortion state because their …

The (Not So) United States Of Parole: A State-Of-The-Art Review Of Discretionary Release For Individuals Serving Life, Stuti S. Kokkalera, Angelica M. Allison

Journal of Criminal Justice and Law

About one in seven individuals are currently in prison serving a life sentence. A substantial proportion of this incarcerated population have the opportunity for early release through parole. Given the complexity and variety of parole board systems, capturing a comprehensive understanding of parole decision-making is imperative. This article provides a state of the art review of statutory and administrative provisions describing parole practices for individuals serving life sentences were collected and evaluated by employing content analytical techniques. We find that the formalization of discretionary release procedures in statutes, administrative rules, and policy manuals reflects a confluence of perspectives ranging from …

The Hidden Struggle: Challenges Older Women Face In Nevada, Annie Vong

Student Research

In 2020, almost one in five Nevadans was over the age of 65.[1] However, within this age group, women outnumber men due to longer life expectancies[2] and migration patterns. Women over 65 years of age make up an estimated 18.1% of the female population in Nevada.[3] Of the male population in Nevada, 15.1% are over 65 years of age.[4] Older women are less likely to be married, are less likely to have completed a bachelor’s degree, are more likely to drop out of the labor force, and are more likely to be living in poverty in …

Community Policing And Meta-Stereotypes: Improving Citizenry-Police Relations In A Large, Multicultural Urban Area, Through A Participatory Action Research Community Safety Workshop, Cornelius Darnell Davis

College of Education Theses and Dissertations

The Term Policing and its surrounding themes are complex and deserve adequate attention. Since the early 1900’s, citizenry and police have had mistrustful relationships. Over the span of three eras, both positive and negative citizenry-police relations have been highlighted. In more recent years, the timely capturing of videos of over-policing and excessive use of deadly force incidents (mainly in BIPOC communities) have exacerbated negative citizenry-police relations, resulting in the lack of procedural justice and police legitimacy. Excessive policing and the seemingly constant deaths of unarmed African Americans undoubtedly contribute to the lack of confidence in police to effectively ensure all …

Privacy’S Commodification And The Limits Of Antitrust, Jeffrey L. Vagle

Arkansas Law Review

This Article argues that the buying and selling of personal data forms what Debra Satz calls a “noxious market,” and, thus, any regulation of information privacy should not accept or depend upon its commodification but should stand on its own. This Article proceeds in three parts. Part I first lays out the history and effects of data commodification, arguing that the market created by this commodification is noxious and undesirable. Part II examines the renewal of antitrust’s purpose as a regulatory tool, especially in the context of its use in the regulation of large technology firms. Finally, Part III argues …

Leading The Way: The Ninth Circuit Orders Reconsideration Of Lead-Based Paint Hazard Regulations In A Community Voice V. Environmental Protection Agency, Bae-Corine Schulz

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Raven Sentry: Employing Ai For Indications And Warnings In Afghanistan, Thomas W. Spahr

The US Army War College Quarterly: Parameters

This article examines Raven Sentry, a project that employed artificial intelligence to provide advance warning of insurgent attacks in Afghanistan. During 2019 and 2020, the Resolute Support Deputy Chief of Staff for Intelligence (J2) benefited from a command culture open to innovation, the urgency created by the US drawdown, and a uniquely talented group of personnel that, aided by commercial sector experts, built an AI system that helped predict attacks. The war’s end cut Raven Sentry short, but the experience provides important lessons on AI and the conditions necessary for successful innovation.

Police Identity And The Role Of Media In A Contemporary Society: A Look At The Personal And Professional Effect On Law Enforcement, Nedra Lachelle Jones

College of Education Theses and Dissertations

Abstract This research study examined the impact of media on law enforcement and the secondary impact of this media on the relationship between law enforcement and the communities they serve. In addition, the study examined whether those perceptions influence police and community interactions and/or behaviors on the daily basis. This study describes the perceptions of police officers both professionally and personally as it relates to media coverage and the changing of their normal police tactics. The specific events that were focused on in this study included the shooting of Michael Brown by police in Ferguson, Missouri in August of 2014, …

Contributor Guidelines, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

The Combat Path: Sustaining Mental Readiness In Ukrainian Soldiers, Oleh Hukovskyy, James C. West, Joshua C. Morganstein, Eugene F. Augusterfer, David M. Benedek, Oleg Boyko, Robert J. Ursano, Amy B. Adler

The US Army War College Quarterly: Parameters

In Ukraine, soldiers’ psychological resilience is of paramount concern. Therefore, the Armed Forces of Ukraine have developed a new intervention, Combat Path Debriefing, designed to address combat stress and promote unit readiness for soldiers returning to combat. This article outlines the components of Combat Path Debriefing and discusses how it is rooted in principles of combat and operational stress control and the unique characteristics of Ukrainian military life. This perspective offers US and allied leaders real-world experience that can inform future efforts to support soldiers’ mental health and combat performance.

From The Editor In Chief, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

Welcome to the Summer 2024 issue of Parameters. We open this issue with a special “In Memoriam” by General Charles A. Flynn, Commander US Army Pacific, honoring the life and legacies of our director and consummate colleague, Carol V. Evans. We dedicate this issue to her. General Flynn’s memoriam is followed by an In Focus commentary on China’s Belt and Road Initiative. We then feature three forums covering the Russia-Ukraine War, the Middle East, and Professional Development. This issue also contains special essays on the role of professional writing, the US Army War College’s Civil-Military Relations Center, …

The Dynamics Of Us Retrenchment In The Middle East, Paul K. Macdonald, Joseph M. Parent

The US Army War College Quarterly: Parameters

This article argues that conditions favor American retrenchment from the Middle East because the United States can shift burdens to capable states in the region, there are few areas where US commitments are interdependent, and the local conquest calculus favors defense. Forward military deployments do not positively influence potential threats in the Middle East, and maintaining deployments there will detract from meeting challenges from China. Through comparisons to prior cases of great-power ordinal decline, this article puts America’s modest decline in historical perspective and finds that retrenchment policies will likely have positive consequences.

Innovation From Diversity, Equity, Inclusion, And Belonging Research: An Implementable Model For Equitable Talent Acquisition And Retention, Lionel De Souza, Tommy White Jr

Journal of Educational Research and Practice

Individuals from diverse minority backgrounds in the United States represent a one-of-its-kind collaboration in understanding diversity, equity, inclusion, and belonging (DEIB) challenges in workforce staffing and representation per Equal Opportunity norms. This study involved primary and secondary research in the realm of DEI to develop an implementable model from lessons gleaned from the findings of the research and gaps found in contemporary hiring and staffing practices. The study and model development are grounded in Rawls’s 1971 theory of justice and predicated on the premise that opportunities are usually based on merit, and are generally well-intended, although often constrained by the …

The Remedial Rationale After Sffa, Olatunde C.A. Johnson

Seton Hall Law Review

No abstract provided.

Wardlow After Black Lives Matter: Using A Protest Movement To Establish A Colorable Equal Protection Challenge To Supreme Court Precedent, Patrick Maley

Seton Hall Law Review

No abstract provided.

Preference Conflict And Peace Studies: The Line Between Disagreement And Violence, Frederic R. Kellogg

Peace and Conflict Studies

Broadening the definition of conflict defines more comprehensively the condition of peace, focusing on how unresolved shared disagreements can lead to, or avoid, polarization and violence. The line between general disagreement and violent conflict lies in the adjustment of shared preferences. Matters like reproductive rights, medically assisted death, race and gender discrimination, while subject to political polarization, are open to peaceful redress through what John Dewey called the transformative continuum of inquiry, in which the crucial social response to shared problems includes dispute and conflict. Resolution of controversial social problems requires preference adjustment and habit change, often, if not always, …

The Erosion Of Judicial Discretion: Why Congress And The Court Should Curb Restrictions For Bankruptcy Judges, Mason Spedding

BYU Law Review

This Note argues that reducing bankruptcy courts’ discretionary powers is a policy mistake because broad-sweeping legislation cannot adequately account for every circumstance presented by debtors. Bankruptcy is a unique field of law that requires unique rules; unlike a purely uniform bankruptcy system that is inherently over- and under-inclusive, a system of judiciously broad discretionary powers enables bankruptcy courts to find the optimal solutions to new issues on a case-by-case basis. Rather than restricting the discretionary powers of bankruptcy judges, Congress should enact a set of standards for judges to consider when evaluating individual cases. Under this system, judges would be …

Capacitación Y Emancipación En Usuarias De Refugios Especializados Para Mujeres Víctimas De Violencia En Yucatán, México., Nohora Esther Bayona Ramírez

Journal of Maya Heritage

This article aims to present the results of a doctoral research on the personal and structural factors that prevent women, who have been victims of violence, from leaving the violent environment from which they come, generated within the framework of specialized shelters for women who have been subject to domestic violence in the state of Yucatán, Mexico. The research aims to determine the relationship between the intervention strategies offered by the shelters and the factors that facilitate or hinder the emancipation process of the users. Among its objectives, based on the knowledge produced, it seeks to approach the State's response …

Sexual Abuse: A Multi-Faceted Problem, Marcus Venable

LSU Doctoral Dissertations

On average, US citizens have experienced approximately 400,000 sexual assaults per year, which results in enormous immediate and long-term consequences for individuals, as well as society in general.

In the U.S., the principal method of combatting this crime has been the creation of Sex Offender Registries used to notify the public of the identity and location of convicted sex offenders who may be living in proximity to their residence. In addition to the Registry, laws have been passed forbidding convicted sex offenders from residing within buffer zones around areas of high child concentration [schools/parks/etc.].

The efficacy and consequences of these …

179th University Of Notre Dame Commencement, University Of Notre Dame

Commencement Programs

• SCHEDULE OF EVENTS 3
• GRADUATE SCHOOL COMMENCEMENT CEREMONY 9
• DOCTORAL DEGREES 10
• MASTER DEGREES 23
• MENDOZA COLLEGE OF BUSINESS GRADUATE BUSINESS 38
• GRADUATE ARCHITECTURE 44
• LAW SCHOOL 45
• UNIVERSITY COMMENCEMENT CEREMONY 48
• COLLEGE OF ARTS AND LETTERS 51
• COLLEGE OF SCIENCE 59
• COLLEGE OF ENGINEERING 65
• MENDOZA COLLEGE OF BUSINESS 71
• SCHOOL OF ARCHITECTURE 77
• VALEDICTORIAN CANDIDATES 78
• EMERITI FACULTY 78
• HONOR SOCIETIES 78
• AWARDS AND PRIZES 86
• TASSELS 100

Turning Points: An Evaluation Of Formal And Informal Interventions In The Life Of Ex-Offenders, Kapil Sharma

Themis: Research Journal of Justice Studies and Forensic Science

In life course criminology, turning points and how they relate to the desistance process have received considerable attention. Scholars have proposed that significant events in people's lives, such as employment, marriage, and parenthood, strengthen their social ties and cause them to refrain from committing crimes. This study uses data from the Record Clearance Project of San Jose State University to identify concrete, significant "turning points" in the lives of ex-offenders. Therefore, this study aimed to investigate specific "turning points" events in offenders' life courses that compelled them to stop anti-social behavior and develop a pro-social identity, as well as the …

Digital Allotment And Vanishing Indians: Idsov And Llms, Sam Mcveety

American Indian Law Journal

No abstract provided.