Digital Commons Network^™

Controlling The Narrative: The Effects Of Media Coverage On Fear Of Crime And Socio-Political Ideology, Andrew Koppelman

Theses

Several decades of study have established an understanding that media have a unique power to influence the perspectives and worldviews of audiences. This phenomenon has been explored through the lenses of Social Learning and Cultivation theory, wherein media appeal to base human tendencies of self-preservation and teaches audiences how to maximize rewards for their actions by acting as a sort of instructor or friendly warning from members of the community. While prior studies have suggested the presence of this effect, little research has been devoted to understanding the ways that this may influence behaviors in viewers. My research seeks to …

“White Collar Crime” Is A Euphemism To Abandon, Anthony J. Meyer

SLU Law Journal Online

Although the phrase “white collar crime” is ubiquitous among lawyers, it is a euphemism that creates an arbitrary distinction among crimes and perpetuates an upper-class bias for certain types of criminal conduct while simultaneously denigrating others. The phrase further performs a problematic social signaling function, including by expressly invoking “whiteness.” On balance, the phrase should be abandoned and replaced with one that either creates a meaningful distinction or leads to more inclusiveness in the legal practice.

El Derecho A La Interrupción Voluntaria Del Embarazo A Inicios Del Gobierno De Javier Milei (Argentina, 2024) / The Right To The Voluntary Interruption Of Pregnancy At The Beginning Of The Government Of Javier Milei (Argentina, 2024), Willa Rudel

Independent Study Project (ISP) Collection

El objetivo de esta investigación fue entender las realidades del activismo en relación con el derecho al aborto en Argentina en el período después de la aprobación de la ley 27.610 del derecho a la interrupción voluntaria del embarazo, particularmente en 2020 y durante el gobierno actual de Javier Milei. Para responder la pregunta que articula la presente investigación, realicé seis entrevistas con activistas procedentes de una variedad de formaciones y con distintos tipos de participación en el movimiento. Primero describo la historia del activismo a favor del aborto en Argentina hasta la aprobación de la ley y el estado …

Community Opinions On Environmental Action On Isla Porvenir And Whichub Walla In The Guna Yala Comarca, Sofia Houts

Independent Study Project (ISP) Collection

The Guna Yala Comarca is the autonomous, self-governed territory of the Guna people, one of seven Indigenous groups in Panama. The Comarca is located on Panama’s eastern Caribbean coast and includes 365 coral islands. Forty nine Guna communities and roughly 32,000 individuals live in the territory. The Guna General Congress is the highest authority, and each community has a local congress. As a low-lying coastal region, Guna Yala is especially vulnerable to climate change and is already impacted by sea level rise, biodiversity loss, and changing precipitation patterns. Sub-national, national, and international forms of governance and environmental action are crucial …

Interpretative Representation And Justice: The Effects Of Inadequate Translation On The Human Rights Of Migrants In The Justice System In Spain, Danielle E. Libby

Independent Study Project (ISP) Collection

Across the world there is an increasing human rights issue regarding the improper treatment of immigrants in the justice system. Fundamental human rights are protected by Spanish and European Union law, which includes the right to interpretative representation. Adequate interpretation and translation are recognized by many individuals in academia and law as crucial for adequate communication. The right to interpretative representation is essential to address the cross-linguistic and cross-cultural needs of migrants when entering a state that does not standardize their native tongue institutionally. When inadequacies appear with interpretation throughout the justice system, improper communication often occurs, causing issues for …

Researcher Access To Social Media Data: Lessons From Clinical Trial Data Sharing, Christopher J. Morten, Gabriel Nicholas, Salomé Viljoen

Faculty Scholarship

For years, social media companies have sparred with lawmakers over how much independent access to platform data they should provide researchers. Sharing data with researchers allows the public to better understand the risks and harms associated with social media, including areas such as misinformation, child safety, and political polarization. Yet researcher access is controversial. Privacy advocates and companies raise the potential privacy threats of researchers using such data irresponsibly. In addition, social media companies raise concerns over trade secrecy: the data these companies hold and the algorithms powered by that data are secretive sources of competitive advantage. This Article shows …

Clearing The Air: Addressing Utah’S Pollution Crisis Through Legal Reform And Environmental Justice, Eduardo A. Rios, Catherine Patino-Celedon

Brigham Young University Prelaw Review

Within the context of structural racism and economic inequality, Black and Latino communities confront disproportionate exposure to environmental hazards, amplifying health inequities. This article emphasizes the imperative for advancing environmental justice in Utah, where pervasive pollution exacerbates disparities. Furthermore, the disregard for community input by Utah's authorities perpetuates disparities in resource allocation. This narrative aligns with a nationwide trend wherein marginalized populations confront grave environmental risks. Concurrently, escalating concerns regarding air quality in Utah highlights the far-reaching consequences of pollution on public health, necessitating comprehensive legislative action to safeguard vulnerable communities.

Battle Of The Lands: The Creation Of Land Grant Institutions And Hbcus – Fostering A Still Separate And Still Unequal Higher Education System, Jasmine Cooper

Washington and Lee Journal of Civil Rights and Social Justice

In HBCU culture, the Battle of the Bands is a competition between school marching bands to determine the “best of the best”. It is a cultural celebration that symbolizes friendly competition and showcases students’ pride in their school. Unfortunately, since their inception, Historically Black Colleges, and Universities (“HBCUs”) have been battling for legitimacy in America’s higher education system. From the beginning, HBCUs were often the only place African Americans could receive an education. Today, HBCUs are known for creating some of the most successful Black graduates and serve as a safe haven for Black students seeking an education in an …

Analyzing The Intersectionality Of Race And Socioeconomics In Foster Care And Child Welfare, Isabella Gallardo

Political Science Theses and Capstones

Racial disparities continue to persist in the child welfare system, resulting in disproportionate representation and differential treatment for children from diverse racial and ethnic backgrounds. Understanding the root causes, systemic factors, biases, and consequences of these disparities is vital for discovering solutions to ensure fair and equitable treatment for all children. I synthesize existing research conducted on racial disparities in child welfare, delving into systemic factors, biases, and their consequences. The dataset I most utilized is from the National Data Archive on Child Abuse and Neglect (NDACAN). Correlation analysis was used to show the relationship between racial disproportionality and systematic …

The Ideal Model For Countermeasures Of Sexual Violence In The Universities Environment, Airlangga Surya Nagara, Elisabeth Ayu Puspita Adi

Indonesia Law Review

This Cases of sexual violence are rife, including in universities. Data compiled by Komnas Perempuan shows that during 2015-2021, out of 67 reported cases of sexual violence against women, 35 cases occurred in universities. To overcome this, the government has issued the PPKS Permendikbud, and the TPKS Law. In fact, the existence of these regulations has not had a significant impact. It is proven that in 2022, there were 49 reports of sexual violence in universities received by the Ministry of Education and Culture's PPKS Working Group. Even as of May 2023, reports regarding sexual violence in universities are still …

The Will To Chaos And Disorder: The Behemoth As A Model Of Political Economy, Bernard E. Harcourt

Faculty Scholarship

The history of political economy is tormented by beasts. The most famous is the Leviathan, the giant serpentine monster that figures in Hobbes’s masterpiece of modern political theory. Robert Fredona and Sophus Reinert spotlight another sea monster, the Kraken, that giant octopus or squid with a particular morphology (i.e., its tentacles) that so fittingly describes the grip of multinational corporations, stateless financial capital, social media, and tech giants today. But there are still other monsters in the bestiary of political economy. In this essay, I highlight the Behemoth, a land monster that captures another critical dimension of political economy: the …

Establishing Consent: The Role Of Women Representatives In Passing Informed Consent Laws, Sophia Stockham

Department of Political Science: Dissertations, Theses, and Student Research

What predicts the adoption of informed consent laws for pelvic exams within the United States? As of January 2023, 22 states have adopted informed consent laws for pelvic examinations on women, with eleven being under Democratic control, six being Republican control, and five with divided control between the legislature and gubernatorial level at the time of adoption. Little attention, however, has been given to women’s health mandates outside the issue of abortion and to variation among state partisan adoption regarding informed consent for pelvic exams. This paper examines the impact of partisanship, the percentage of women in the legislature, and …

Show And Tell, Liam Mchugh-Russell

Dalhousie Law Journal

...to break the rules wisely, you have to know the rules well.

–Le Guin, Steering the Craft

I finished my doctorate in June of 2019. Most of my waking hours that late summer and early fall were spent writing and rewriting cover letters, teaching statements, and research agendas (and equity statements, long CVs, short CVs, etc.)—all the variegated materials demanded from applicants to tenure-track positions in North American law faculties. Writing those materials, and integrating the feedback on early drafts that I received from a host of generous peers and colleagues, became an accidental study in the principal subtext of …

Missing Coercive Control In Family Court Proceedings, Carrie Leonetti

William & Mary Journal of Race, Gender, and Social Justice

In New Zealand, like in the United States, coercive control generally remains outside the purview of the criminal law. It is therefore crucially important that court personnel identify and respond appropriately to coercive control in family law proceedings. Their continued focus on discrete incidents of physical violence between adults conceals the patterned and gendered nature of most [interpersonal violence] in which women are victimized and the patriarchal context of male privilege that continues to dominate heterosexual relationships. The failure to identify coercive control contributes to victims’ entrapment and increases the risk of violence continuing post-separation.

Cases involving coercive control generally …

Cherry-Picking History: Witchcraft, The Common Law, And The Weaponization Of Substantive Due Process, Sarah E. Bradley

William & Mary Journal of Race, Gender, and Social Justice

In 2021, the Supreme Court sharply altered its substantive due process analysis in Dobbs v. Jackson Women’s Health Organization, reversing the 49-year-old decision in Roe v. Wade to establish abortion access as a constitutional right. The Court reframed its substantive due process analysis as a two-step test, requiring a right to be narrowly framed and “deeply rooted in history and tradition” before it could be analyzed as “implicit in the concept of liberty,” instead of its previous balancing test that involved a broad description of the right. In the Dobbs majority opinion, the Court cherry-picked elements of common law …

The Promise And Perils Of Tech Whistleblowing, Hannah Bloch-Wehba

Faculty Scholarship

Whistleblowers and leakers wield significant influence in technology law and policy. On topics ranging from cybersecurity to free speech, tech whistleblowers spur congressional hearings, motivate the introduction of legislation, and animate critical press coverage of tech firms. But while scholars and policymakers have long called for transparency and accountability in the tech sector, they have overlooked the significance of individual disclosures by industry insiders—workers, employees, and volunteers—who leak information that firms would prefer to keep private.

This Article offers an account of the rise and influence of tech whistleblowing. Radical information asymmetries pervade tech law and policy. Firms exercise near-complete …

Use Of Force In Policing: Do Female Police Officers Use Unjustifiable Force As Often As Male Officers?, Carma Dobson

Theses

Use of force (UOF) is a common practice in policing. My study focuses on the disposition of the use of unjustifiable force in policing. Utilization of pre-existing data with 5,771 use of force incidents from the New Orleans, Louisiana police department in the years of 2016-2021 produces an answer to the research question: Do female police officers use unjustifiable force as often as male officers? The chi-square test of independence results in my study indicates that there is no statistical difference between males and females.

Unequal Access To Public Transportation In The Midlands: How The Comet Harms Low-Income Populations In South Carolina, Joseph Mcneila

South Carolina Law Review

No abstract provided.

Regulating Food Waste Management In Indonesia: Do We Need An Omnibus Law (Again)?, Ni Gusti Ayu Dyah Satyawati, I Nyoman Suyatna, Putu Gede Arya Sumerta Yasa, I Dewa Gede Palguna, Nadeeka Rajaratnam

Indonesia Law Review

Indonesia was regarded to be the world's second-largest food loss and waste-producing country. Food waste contributes the most significant amount in Indonesia compared to other types of waste. This paper aims to discuss three legal issues. First, it identifies, in descriptive-normative means, the legal framework regulating food waste, which is the intersection of two legal regimes: 'the food management' and 'the waste and environmental management”. Second, it presents a comparative study by exploring the more advanced food waste legal frameworks, which take examples from Europe. The third objective is to recommend legal, institutional, and policy steps to mainstream food waste …

The Abolition Of Woman, Lynne Marie Kohm

Cardozo Journal of Equal Rights & Social Justice

The article argues that modern feminist jurisprudence, while initially aimed at advancing women's rights, has deviated from its original goals and now contributes to the erosion of the unique identity and value of women. This shift is evident in areas such as reproduction, gender fluidity, and motherhood, where legal and academic discourse increasingly deconstructs the concept of womanhood, leading to its potential abolition.

The Chicken-And-Egg Of Law And Organizing: Enacting Policy For Power Building, Kate Andrias, Benjamin I. Sachs

Faculty Scholarship

In a historical moment defined by massive economic and political inequality, legal scholars are exploring ways that law can contribute to the project of building a more equal society. Central to this effort is the attempt to design laws that enable the poor and working class to organize and build power with which they can countervail the influence of corporations and the wealthy. Previous work has identified ways in which law can, in fact, enable social-movement organizing by poor and working-class people. But there’s a problem. Enacting laws to facilitate social-movement organizing requires social movements already powerful enough to secure …

Contract Customization, Sex, And Islamic Law, Rabea Benhalim

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

Common law has historically deemed marriage and sex outside the right to contract. Yet, couples increasingly use contracts to provide legal rights to the unmarried in a variety of contexts ranging from same-sex relationships to surrogacy. Islamic law, on the other hand, has always conceived of marriage and sexual relationships as exclusively under the realm of contract law governed by private actors. This Article brings Islamic law into the larger conversation on the use of contracts for sexual and relationship agreements. It further proposes that Islamic law has something to offer Muslims and non-Muslims alike by empowering individuals to use …

Public Opinion And Its Potential Impact On The U.S. Supreme Court, Savannah Medlin

Senior Honors Theses

The Supreme Court of the United States has a fundamental role in the interpretation of the Constitution and the configuration of the legal landscape of the country. But, while the Framers isolated the Court from political pressures, the Court is not removed from the impact of public opinion. This essay considers the effect of public opinion on Supreme Court rulings by reviewing studies and cases to discover the part public opinion plays in the courtroom. My findings imply that public opinion impacts the Court. There are limited ways by which the Court can prevent this impact. I emphasize that the …

On Puar’S “Right To Maim”: Conflict-Related Sexual Violence As An Instrument Of Debility, Jeffrey Camille

Independent Study Project (ISP) Collection

In enacting war and terrorism, armed combatants frequently and deliberately utilize sexual violence to target civilians. This crime is widespread, systemic, and organized, and its perpetration against vulnerable populations is a haunting reality of warfare. Although scholarship has speculated about the motivations behind conflict-related sexual violence (CRSV), no one answer is sufficient to grasp a phenomenon whose constitution is complicated by a multitude of variables. Thus, scholars must continue in their efforts to rationalize why this crime takes place. This article does just that. Drawing from Jasbir K. Puar’s book The Right to Maim (2017), I fashion an intervention to …

Beyond Blood: Informal Adoption And Family Dynamics In Yaoundé, Cameroon. Examining The Social, Traditional, And Family Values Associated With Informal Adoption, Elizabeth Greenberg

Independent Study Project (ISP) Collection

Although formal adoption exists in Cameroon, it is governed by colonial systems that directly contrast with the values and traditions of the citizens the laws are meant to protect. For this reason, informal adoption is the most prominent method of child circulation. This informal movement of children occurs for various reasons, many of which reflect the sociocultural context in which the children live. The intention of this study was to determine how adoption processes demonstrate Cameroonian notions of family, how individuals perceive the concept of family, and how informal adoption impacts family dynamics. Informal observations and interviews informed the conclusion …

Perceptions, Attitudes, And Behaviors Of Young Jordanian Women On Their Second-Class Citizenship, Umulkair Mohamed

Independent Study Project (ISP) Collection

This case study examines the societal impact of Jordan's gender-discriminatory nationality law on the perceptions, attitudes, and behaviors of young women. Utilizing quantitative interviews with six Jordanian women, aged 21-37, the research explores their perspectives on the law's implications and justifications. Despite constitutional guarantees of equality, the 1954 Jordanian Nationality Law disproportionately favors men in citizenship transmission, violating international human rights principles ratified by Jordan. This results in Jordanian women who marry non-national men not being able to transmit their nationality to their children in most cases. Without Jordanian nationality, these children suffer many challenges such as limited employment and …

The Reconfiguration Of The Spanish-Moroccan Border Regime: The Impact Of The 2021 Diplomatic Border Crisis, Shayra Nunez

Independent Study Project (ISP) Collection

The paper focuses on the relationship between Morocco and Spain, particularly those affecting migration control at the border in the autonomous cities of Ceuta and Melilla. The research question is: how do the events of May 2021 (the unauthorized opening of the border by Morocco) impact migration control practices in Ceuta and Melilla, and what are the implications for Spanish-Moroccan operational cooperation? The unauthorized opening of the border is conceptualized as a “diplomatic border crisis,” which is also a main contribution of this paper. The study analyzes this incident, which has impacted the border regime and led to changes in …

Beyond Profit Motives, William J. Moon

Michigan Law Review

A review of The Profit Motive: Defending Shareholder Value Maximization By Stephen M. Bainbridge.

Care Reimagined: Transforming Law By Embracing Interdependence, Robyn M. Powell

Michigan Law Review

A review of All Our Families: Disability Lineage and the Future of Kinship. By Jennifer Natalya Fink.

The Profit Principle: Tracing The Moral Decline Of Corporate Law Firms, Sung Hui Kim

Michigan Law Review

A review of Servants of the Damned: Giant Law Firms, Donald Trump, and the Corruption of Justice. By David Enrich.