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Articles 781 - 810 of 39057
Full-Text Articles in Entire DC Network
Caste Formalism: The Law And Politics Of Equality In India, Madhav Khosla, Pratap Bhanu Mehta
Caste Formalism: The Law And Politics Of Equality In India, Madhav Khosla, Pratap Bhanu Mehta
Faculty Scholarship
In modern constitutional democracies, achieving equality has long been a challenge. In recent years, theorists have focused on understanding the meaning of discrimination and determining when and how discrimination becomes problematic. One critical issue that has long animated discussions on both the general guarantee of equality and the specific goals of anti-discrimination law is the relationship between individuals and groups. If a constitutional order aims to take equality seriously, how should it address the experiences of specific groups historically subjected to discrimination? Indeed, questions of equality and discrimination often converge around the issue of affirmative action, sometimes at the expense …
Eviscerating The State: The New Oligarchic And Authoritarian Project To Undermine American Constitutional Democracy, Jean L. Cohen
Eviscerating The State: The New Oligarchic And Authoritarian Project To Undermine American Constitutional Democracy, Jean L. Cohen
Emancipations: A Journal of Critical Social Analysis
No abstract provided.
Beyond The Face: Examining Legal Regulations For Law Enforcement Facial Recognition Technology, Insun Park
Beyond The Face: Examining Legal Regulations For Law Enforcement Facial Recognition Technology, Insun Park
Akron Law Review
No abstract provided.
What Are The Influential Factors In The Settlement Process For Due Process Disputes Under The Individuals With Disabilities Education Act?, Perry A. Zirkel, Ann Vevier Lockwood, Linling Shen
What Are The Influential Factors In The Settlement Process For Due Process Disputes Under The Individuals With Disabilities Education Act?, Perry A. Zirkel, Ann Vevier Lockwood, Linling Shen
Akron Law Review
This article reports on the background, method, findings, and implications of a national survey of parent-side attorneys, mediators, and school-side attorneys who all have extensive experience in the settlement of special education disputes. The focus is on identifying the major factors that influence whether these disputes are settled in the context of due process hearings.
Indian Cosmology And Archaeoastronomy Of The Khmer Stone Temples In Sakon Nakhon-Thailand, Duangden Boonpok
Indian Cosmology And Archaeoastronomy Of The Khmer Stone Temples In Sakon Nakhon-Thailand, Duangden Boonpok
International Review of Humanities Studies
This article is multidisciplinary study of cosmology, archaeology and astronomy of the Khmer stone temples in Sakon Nakhon. The study investigates of the temple’s architectural structure and environmental geography which related to the astronomical knowledge. The result of study found that the plan and structure of temples is influenced by the concept of Indian cosmology which has Mount Meru as the central axis. Buildings is signified as mountain or heaven with high and multi-layered base. The main building is symbolically important as the origin of power for the whole temple. The objects and positions are the transforming of cosmology concept …
Some Corrections To The Record On Lemkin’S Early Years: The Evidence From Poland, Zachary Mazur
Some Corrections To The Record On Lemkin’S Early Years: The Evidence From Poland, Zachary Mazur
Genocide Studies and Prevention: An International Journal
This piece addresses some misunderstandings regarding Raphael Lemkin's early years in Poland, his influences and the development of his ideas. While discussing some of the extent published information, I point out what other archival documents from Poland and the League of Nations have to say about Lemkin's past. One of the main points is that Lemkin was an unreliable narrator on his own life, and this has caused confusion.
Arts & Literature: The Destruction Of Smyrna In 1922: A Conversation With Petros Pourliakas, Author Of Salty Silk, Petros Pourliakas
Arts & Literature: The Destruction Of Smyrna In 1922: A Conversation With Petros Pourliakas, Author Of Salty Silk, Petros Pourliakas
Genocide Studies and Prevention: An International Journal
In 1922, the once-cosmopolitan city of Smyrna—modern-day Izmir—was engulfed in flames, marking the end of a centuries-long Hellenic presence in Asia Minor. The catastrophe, which followed the Greco-Turkish War and occurred amidst the collapse of the Ottoman Empire, resulted in the deaths of tens of thousands and the displacement of hundreds of thousands more. In his 2022 book Salty Silk, Greek author Petros Pourliakas recounts the tragedy, focusing on the humanitarian heroism that emerged in the midst of horror. I spoke with Pourliakas about his research, the moral complexities of recounting a national trauma, and the legacy of a …
Symbols And Power Discourses In Three Shadow Puppet Performances Of The Murwakala Play, Ayuk Latifah, Darmoko Darmoko
Symbols And Power Discourses In Three Shadow Puppet Performances Of The Murwakala Play, Ayuk Latifah, Darmoko Darmoko
International Review of Humanities Studies
This study analyzes the symbols and discourses of power in three Purwa shadow puppet performances of the Murwakala play, styles of Surakarta, Yogyakarta, and Banyumas. The Murwakala play, centered on themes of purification and the transformation of power, contains a rich narrative for analyzing power dynamics through the interactions between characters such as Batara Kala (a form of destructive power), Batara Wisnu (a form of constructive power), and Batara Guru (a form of cosmic order). Using a qualitative approach, this research integrates Geertz's theory of cultural symbolism and Foucault's discourse of power to analyze how power is represented and negotiated …
Soft Power: Brics Cultural Diplomacy And The Rebalancing Of Global Narratives, Brice Tseen Fu Lee, Kotchaphop Kornphetcharat, Juan Pablo Sims
Soft Power: Brics Cultural Diplomacy And The Rebalancing Of Global Narratives, Brice Tseen Fu Lee, Kotchaphop Kornphetcharat, Juan Pablo Sims
International Review of Humanities Studies
BRICS has broadened its agenda beyond finance to cultivate soft power through coordinated cultural diplomacy. Examining official statements, press releases, and scholarly commentary on the bloc’s flagship film, sports, and ministerial initiatives, this article shows that cooperation is advancing from one-off spectacles toward structured, recurring institutions. Findings indicate two simultaneous dynamics: outwardly, BRICS venues amplify Global-South perspectives that diversify international cultural flows; inwardly, member states use the same platforms to signal national prestige, revealing persistent status competition. The result is an early but uneven cultural architecture—one that counters Euro-Atlantic narrative dominance yet has not crystallized into a fully coherent BRICS …
The Lost Child: A Critique On Transracial Adoption Rhetoric, Hallie Conyers-Tucker
The Lost Child: A Critique On Transracial Adoption Rhetoric, Hallie Conyers-Tucker
Seattle University Law Review
Transracial adoption in the United States reflects a deeply rooted history of colonialism, cultural assimilation, and racial hierarchy, masked by rhetoric focused on the “best interest of the child.” The author critiques that rhetoric and traces how adoption practices and policies, both domestic and international, have evolved to reinforce systemic inequities. Through historical analysis of the forced adoption of Native American, Black, and Asian children, it reveals how the best interest standard has been wielded not to protect children but to uphold political and racial ideologies. The author argues that the prevailing adoption framework relies on child-saving and color-blind narratives …
Navahine V. HawaiʻI Dept. Of Transportation: The Keiki Will Lead Us, Catherine Smith
Navahine V. HawaiʻI Dept. Of Transportation: The Keiki Will Lead Us, Catherine Smith
Seattle University Law Review
The author analyzes the landmark case Navahine v. Hawaiʻi Department of Transportation, which culminated in the world’s first constitutional climate settlement. Catherine Smith, serving as an expert for the youth plaintiffs, situates the case within Hawaiʻi’s legal tradition of prioritizing children’s rights and intergenerational equity. She explores the evolution of children’s constitutional protections, contrasting Hawaiʻi’s progressive jurisprudence with the dominant adult-centric legal framework on the mainland. She critiques four recurring analytical missteps in U.S. courts that marginalize children’s interests and highlights Hawaiʻi’s public trust doctrine and cultural values, such as the Aloha Spirit, as models for addressing climate-related harms. …
Constitutional Futurism As Pedagogy, Jeremiah Chin
Constitutional Futurism As Pedagogy, Jeremiah Chin
Seattle University Law Review
Constitutional Law has transformed from a course on history to a discussion of current events. Cases like Students for Fair Admissions v. Harvard College, Dobbs v. Jackson Women’s Health Organization, and Loper Bright Enterprises v. Raimondo reveal that the study of constitutional law is not a static, or even linear, discussion of constitutional text and history. Law is a shifting, changing enterprise that reflects social constructions of power, authority, and identity. How do we teach, learn, and understand constitutional law that is so laden with history, riddled with theories of consistency and adherence to precedent, but ultimately subject …
One Nation Under Guard, Everett T. Glynn
One Nation Under Guard, Everett T. Glynn
Master's Theses
The rise of segments of the labor force devoted to functions other than production has received increased scholarly attention, particularly pertaining to the robust deployment of the police and criminal justice apparat in the neoliberal era. Critical perspectives align the rise of the securitization of society with political and economic transitions that occur within the contexts of changes to social inequality and crackdowns on social movements beginning in the 1970s. In a theoretical construction of the emerging concept of guard labor, this thesis finds that robust societal deployments of a form of functional labor used to entrench social inequality has …
When Culture Becomes Law: Mayan Heritage And The New Constitutional Recognition Of Collective Rights In Mexico, José Israel Herrera, Victor Manuel Colli Ek
When Culture Becomes Law: Mayan Heritage And The New Constitutional Recognition Of Collective Rights In Mexico, José Israel Herrera, Victor Manuel Colli Ek
Journal of Maya Heritage
Abstract. The constitutional reform of September 30, 2024 to article 2 marks a substantive change in the recognition of indigenous peoples as subjects of public law, with their own patrimony, valid normative systems and express right to conserve, protect and develop their cultural, material and immaterial heritage. This article analyzes the legal implications of this reform in the context of the Maya people, especially with regard to collective intellectual property, the right to prior consultation and the constitutional recognition of bioculturality. A critical reading of the new normative framework is proposed, with emphasis on its transformative potential for the territorial …
Varieties And Domains: A Syncretic Synthesis Of Law And Justice In India ( Including A Special Emphasis On Alternate Dispute Resolution), Amrith Bhargav B
Varieties And Domains: A Syncretic Synthesis Of Law And Justice In India ( Including A Special Emphasis On Alternate Dispute Resolution), Amrith Bhargav B
Theses and Dissertations
From the abstract idea of Dharma that enabled the practice and sustenance of local custom and usage, law was defined without verbiage but in meanings and understandings. In the colonial age, law was constantly being defined and codified not just textually, but through projects of economies of politics, knowledge and power in a way that their transactional metrics produced social and cultural genres that changed India forever. In that state of play, lawyers and their associated players contributed to the emerging culture of power and dominance with their tool of making the law through cases and mainstreamed the colonial legal …
A Cancer Education Needs Assessment: Informing Middle-Aged Female Patients About The Relationships Between Obesity And Women’S Health Concerns In The Reproductive System, Breast, And Endometrial Health, Batul Mirza
MUSC Theses and Dissertations
Obesity significantly impacts women’s health, particularly among middle-aged women, by increasing the risk of hormone-sensitive cancers such as breast, endometrial, and reproductive system cancers. This study examines the educational needs of this demographic group regarding obesity-related cancer risks and explores effective intervention strategies. Obesity-induced mechanisms – hormonal imbalances, chronic inflammation, and insulin resistance – drive cancer susceptibility, emphasizing the need for targeted health education. The study employs a qualitative design, which includes interviews with subject matter experts (SMEs) and surveys of middle-aged women. The goal is to assess awareness, perceived barriers, and preferred learning methods. Findings suggest that with many …
An Argument For Housing Reparations, Lisa Lucile Owens
An Argument For Housing Reparations, Lisa Lucile Owens
Maine Law Review
This Article explores recent applications and framing of municipal reparatory housing policies and assesses equal protection challenges, including specific discussion of an emerging case in Evanston, Illinois. Because of recent changes to the Supreme Court’s approach to applying strict scrutiny in equal protection challenges of race-conscious policies as reflected in Students for Fair Admissions v. Harvard, race-based applications of reparations have been criticized as dead on arrival. However, this Article finds that housing-related reparatory policies are dissimilar from affirmative action admissions policies in several ways relevant to the Court’s application of strict scrutiny. Housing reparations policies are more in line …
The Enduring Relevance Of The Right To Strike: Arguments For Further Legal Protection And Regulatory Reform, Tonia Novitz, Katherine Fitzpatrick, Jeffrey Vogt
The Enduring Relevance Of The Right To Strike: Arguments For Further Legal Protection And Regulatory Reform, Tonia Novitz, Katherine Fitzpatrick, Jeffrey Vogt
Comparative Labor Law & Policy Journal
In this thematic issue, the contributors demonstrate the past and contemporary relevance of a right to strike. Some authors do so with reference to the long-standing role that such an entitlement plays in protecting dignity, democracy, and other vital public interests. Attention is also paid to emerging contemporary issues, whereby the right to strike offers important leverage that would otherwise be absent, for example countering abusive treatment of those at work in global supply chain practices and the environmental degradation of the planet. They all conclude that, while it is possible to utilise existing legal protections of a right to …
Strikes And The Struggle For Democracy, Angela B. Cornell, Ruth Dukes
Strikes And The Struggle For Democracy, Angela B. Cornell, Ruth Dukes
Comparative Labor Law & Policy Journal
The right to strike is fundamental to the development and maintenance of democratic forms of government. In struggles to construct and defend democratic regimes, strikes, including general strikes, are often an important weapon. In established democracies, the right to strike can aid the spread of democratic decision-making in workplaces and the wider economy, serving indirectly to strengthen participation and confidence in political processes and institutions. And it can underpin systems of collective bargaining that function to narrow income and wealth inequalities, in a manner that is conducive, if not necessary, to the maintenance of democratic government. Wherever the right to …
Dignity And The Right To Strike, Sergio Gamonal C
Dignity And The Right To Strike, Sergio Gamonal C
Comparative Labor Law & Policy Journal
“Dignity” expresses the idea that a human being should never be treated as a means but always as an end. “Dignity” also encompasses a communitarian and relational approach, such as belonging, collective action and “dignity in action”. When we recognize and seek to remedy indignities, we also confer a certain dignity on ourselves. How can these notions be linked to the right to strike? I shall argue that the right to strike underpins the dignity of workers and that this connection is implicit in Advisory Opinion OC-27/21 of the Inter-American Court of Human Rights. In national and international courts, such …
Balancing The Right To Strike And Other Public Interests: The Importance Of The Status Of The Right To Strike, Petra Herzfeld Olsson, Shae Mccrystal
Balancing The Right To Strike And Other Public Interests: The Importance Of The Status Of The Right To Strike, Petra Herzfeld Olsson, Shae Mccrystal
Comparative Labor Law & Policy Journal
The regulation of strike action involves the balancing of competing public interests – the benefits derived from collective bargaining and the right to strike and others including public safety, health, welfare, and industrial peace. We explore how this balancing act plays out in the legal systems of two national jurisdictions, Australia and Sweden, and through the ILO principles on freedom of association as developed by the ILO’s supervisory bodies. We seek to understand how different regulatory approaches to these competing public interests produces different outcomes and the potential consequences where protecting other public interests is prioritised over the right to …
Labour Against The Law? Contesting The Restrictive Norms Of Industrial Legality Through Unlawful Strikes, Eric Tucker
Labour Against The Law? Contesting The Restrictive Norms Of Industrial Legality Through Unlawful Strikes, Eric Tucker
Comparative Labor Law & Policy Journal
North American regimes of industrial legality provide workers with protected rights to organize, bargain collectively, and strike. However, they also limit the freedom to strike. Trade unions commonly accept and enforce these limits but at great cost to solidarity and militancy. This article examines the many ways law works against labour by restricting the freedom to strike and explores the practice of unlawful strikes in North America, including recent examples that resulted in successful outcomes. It concludes with reflections on the revival of unlawful strikes as a tactic for rebuilding and remobilizing the North American labour movement. While the article’s …
Strike Law And Workers’ Power Resources In Global Supply Chains And Platform Giants, Judy Fudge, Hila Shamir
Strike Law And Workers’ Power Resources In Global Supply Chains And Platform Giants, Judy Fudge, Hila Shamir
Comparative Labor Law & Policy Journal
The right to strike is a key feature of freedom of association and effective collective bargaining. We consider how the legal regulation of strikes and boycotts affects the power resources available to workers and unions to improve working conditions and workers’ voice in firms, such as global supply chains and platform giants, that utilize network-of-contracts business models. We begin by bringing the literatures on power resources theory and supply chain and platform capitalism into conversation. Treating law as a form of institutional power influencing workers’ ability to exercise other power resources in network-of-contracts business models, we then examine how the …
Strategic Development Plan – San Pedro Dr. Main Street Corridor, Adrian N. Carver
Strategic Development Plan – San Pedro Dr. Main Street Corridor, Adrian N. Carver
Student Publications
The San Pedro MainStreet Strategic Development Plan is a place-based, community-driven roadmap for revitalizing the San Pedro Drive corridor in Albuquerque, New Mexico. The corridor sits at the intersection of historical significance and present-day opportunity—bridging the old and new alignments of Route 66 while serving a diverse, working-class population. Drawing from urban planning theory, spatial analysis, and community input, this plan identifies challenges and assets related to land use, infrastructure, business development, housing, and cultural identity. Special attention is given to past and ongoing patterns of racialized disinvestment and displacement, with strategies proposed to ensure equitable reinvestment and climate resilience. …
Bihar Sir Threatens The Credibility Of Elections, Swati Narayan
Bihar Sir Threatens The Credibility Of Elections, Swati Narayan
Popular Media
Any arbitrary disenfranchisement of voters in the upcoming Bihar Assembly Elections will cast a shadow over the sanctity of elections in India.
Brief Of Law Professors As Amici Curiae In Support Of Plaintiff-Appellees, Ira P. Robbins
Brief Of Law Professors As Amici Curiae In Support Of Plaintiff-Appellees, Ira P. Robbins
Amicus Briefs & Court Filings
INTRODUCTION: The Executive Order at issue in these appeals targets a small and uniquely vulnerable minority of transgender women—those currently housed in federal women’s prisons—by commanding the Federal Bureau of Prisons (BOP) to transfer them immediately to men’s facilities. Amici file in support of Plaintiffs-Appellees (hereinafter “Plaintiffs”), to address two procedural arguments made by Defendants-Appellants (“the government”). First, Congress has not eliminated federal court jurisdiction to decide Plaintiffs’ challenge to the transfer provisions of the Executive Order. Second, the government overreads the Prison Litigation Reform Act (PLRA); Plaintiffs’ lawsuit is not improper or premature under that statute’s exhaustion requirement because …
Sparing The Gory Details: Legal And Social Inertia And The Refusal To Confront The Body In Pregnancy, Francesca Laguardia
Sparing The Gory Details: Legal And Social Inertia And The Refusal To Confront The Body In Pregnancy, Francesca Laguardia
Northwestern Journal of Law & Social Policy
Health, including pain, suffering, blood, and guts, has always played an outsized role in legal and public analysis of abortion. Since the overturning of Roe v. Wade, the health implications of forced childbirth have returned to the public’s attention, as evidenced by prevalent health exceptions to abortion bans, legal actions in regard to those bans and exceptions, public attention to those cases, and public opinion polling. Recent, highly publicized cases of medical emergencies associated with pregnancy could be expected to reinvigorate a public exploration of the health risks of pregnancy, but the public has consistently refused to acknowledge the full …
A Quadruple Bind? How Romantic Partner Dynamics May Hold Women Back At Work, Especially In The “Winner Take All” Economy, Melissa Vink
A Quadruple Bind? How Romantic Partner Dynamics May Hold Women Back At Work, Especially In The “Winner Take All” Economy, Melissa Vink
Minnesota Journal of Law & Inequality
No abstract provided.
On Triple Bind Remedies In Fair Shake And Gender Bias Remedies In Psychological Science, Eugene Borgida, Nicholas M. Alia
On Triple Bind Remedies In Fair Shake And Gender Bias Remedies In Psychological Science, Eugene Borgida, Nicholas M. Alia
Minnesota Journal of Law & Inequality
No abstract provided.
Introduction: Christie Symposium On Law And Labour Market Inequality, Liam Mchugh-Russell
Introduction: Christie Symposium On Law And Labour Market Inequality, Liam Mchugh-Russell
Dalhousie Law Journal
No abstract provided.