Digital Commons Network^™

Permanent States Of Exception: A Two-Tiered System Of Criminal Justice Courtesy Of The Double Government Wars On Crime, Drugs & Terror, Thomas Anthony Durkin

Valparaiso University Law Review

No abstract provided.

Constitutional Rhetoric, Jamal Greene

Valparaiso University Law Review

No abstract provided.

Don't Know, Do Not Resuscitate: A Principle For The Creation Of The Kingdom Of Ends In The Icu, Griffen Isaac Allen

Honors Theses

In the United States today 20% of all Americans die in Intensive Care Units, or ICUs. These were developed in the 50s, 60s, and 70s to centralize medical resources to help treat critically ill patients with new technologies like ventilators, dialysis, and other tools that are now commonplace. This occurred simultaneously with the emergence of individualistic autonomy, understood as the patient's right to dictate their treatment, as the dominant force in medical ethics. Ostensibly both of these developments would seem beneficial for patients. However, the ultimate result is overly aggressive care that strips patients of their dignity and ensures that …

Butchered Bones, Carved Stones: Hunting And Social Change In Late Saxon England, Shawn Hale

Masters Theses

Textual, archaeological, and art historical evidence all point to a significant reorganization of Anglo-Saxon society in the tenth and eleventh centuries. Changes in landownership, the development of proto-urban centers, the growth of merchant and artisan classes, as well as the proliferation of occupations associated with royal and regional administration, collectively altered the Anglo-Saxon social order. This radical reorganization benefitted some groups of individuals and threatened others with decreased social standing. Established elites and the nouvuae riche utilized exclusionary measures to counter any degree of social mobility provided by economic and political changes.

Shifting hunting practices and perceptions are particularly emblematic …

Accelerating Expertise To Facilitate Decision Making In High-Risk Professions Using The Dacum System, Ralph Kuchenbrod

Masters Theses

The purpose of this research was to determine whether the process of achieving occupational expertise could be accelerated enabling operators in high risk vocations to make effective decisions earlier in their careers. Scholars have hypothesized good decision making skills are largely a result of relevant experience within the specific domain. The rationale being that the greater the experience an individual has the more likely the operator has experienced similar situations and can apply solutions that have been successful in the past. Two distinct methods of decision making have been identified: traditional decision making and naturalistic decision making (NDM).

The ability …

Does Foreign Aid Promote Growth? Evidence From Africa, Mai Abdulaziz Alghamdi

Masters Theses

Taking a panel of 54 African countries and employing pooled, GLS, and panel regression, this study investigates the impact of foreign aid, policies, and their interaction on economic growth. This study covers a period of 35 years from 1980 to 2015. The key variables of this study are aid, measured by the official amount of foreign aid as a percentage of GDP by the recipient countries and policy, measured by an index created using linear estimation of various policy variables associated with political, economic and fiscal freedom; the Sachs-Warner measure of openness and World bank's Country Policy and Institution Assessment …

If She Isn’T Working Miracles, What Is She Doing On The Battlefield?, Alex Matzke

Theses and Dissertations

The images included in my thesis work reflect my experience growing up with military propaganda—pictures of cheerful white women in pearls as part of my rural middle American landscape. I do not name the oppressor because I am not here to pick at the thorns, but to get to the root of the oppression. These are some of the servicewomen I’ve met. Their stories parallel but cannot encompass the private experiences of all service women. I am grateful for their generosity; without them there would be no pictures.

The battle for equality is much older than Rosie the Riveter but …

Their Brothers' Keepers? Ethnicity, Rebel Diplomacy, And State Support For Insurgency, Connor Somgynari

Honors Theses

This thesis aims to contribute to the filling of a theoretical lacuna by asking: what role do ethnic ties play in rebel groups' efforts to lobby for state support? Researchers have examined many facets of state support for armed rebel groups. Most literature on this topic has been dedicated to decision calculi of states choosing to support rebel groups. However, comparatively little has been said about the other side of this relationship: the demand for these goods and services by rebel groups themselves. Salehyan, Gleditsch, and Cunningham (2011) introduce the concept of the demand side into the literature, maintaining that …

Is Textualism Required By Constitutional Separation Of Powers?, Ofer Raban

Loyola of Los Angeles Law Review

This article examines the often-heard claim that textualism in statutory interpretation is mandated by constitutional separation of powers. The claim is examined using both the formalist and the functionalist approaches to separation of powers doctrine under the Federal Constitution. As we shall see, these doctrinal inquiries quickly devolve into examinations of the purposes and justification of textualism, and of separating the three branches of government. The article concludes not only that standing constitutional doctrine fails to support the textualist claim, but also that, as a matter of fact, textualism is a judicial philosophy that runs counter to the most basic …

Delegating Peace Enforcement Missions- But To Whom? What The U.N.'S Recent Recommendation Reveals About Today's Crisis In Legitimate Actors For Robust Peace Operations, Karima Tawfik

Michigan Law Review Online

This Essay argues that in assessing whether or not to move towards the U.N. panel’s proposed model that champions regional actors and ad hoc coalitions over the U.N. itself, the international community must weigh the marginal costs and benefits of this plan. This essay follows the U.N. panel’s call for the international community to derive lessons from the past by examining three case studies where regional actors and ad hoc coalitions, rather than the U.N., have embarked on peace enforcement missions. It argues that if the international community chooses to follow the U.N. panel’s recommendation on deferring to regional actors …

International Intellectual Property Shelters, Sam F. Halabi

Faculty Publications

The battle over the reach and strength of international protections for intellectual property rights is one of the critical flashpoints between wealthy and low-income countries: those protections are perceived to obstruct access to essential medicines, thwart regulatory efforts to promote individual and population health, and undermine traditional forms of agriculture and food production. While scholars have thoroughly tracked the bilateral and multilateral trade and investment treaties responsible for the expansion of international intellectual property rights worldwide, they have paid significantly less attention to the strength and form that opposition to international intellectual property expansion has taken. This Article examines the …

Ambivalent Enforcement: International Humanitarian Law At Human Rights Tribunals, Shana Tabak

Michigan Journal of International Law

In addition to exploring the limitations of the Inter-American System’s jurisdictional capacity to adjudicate issues of IHL, this Article examines Inter-American jurisprudence in light of recent scholarly conversations regarding the relevance of the principle of lex specialis, which seeks to guide tribunals when two bodies of law may apply simultaneously, by providing for the prioritization of a specialized body of law over a general one. This concept, first articulated by the International Court of Justice (ICJ) in the Nuclear Weapons case, has proven to be the source of much scholarly consternation. As a means of addressing problems arising from …

The Destruction Of Cultural Heritage: A Crime Against Property Or A Crime Against People?, 15 J. Marshall Rev. Intell. Prop. L. 336 (2016), Patty Gerstenblith

UIC Review of Intellectual Property Law

The destruction of cultural heritage has played a prominent role in the ongoing conflicts in Syria and Iraq and in the recent conflict in Mali. This destruction has displayed the failure of international law to effectively deter these actions. This article reviews existing international law in light of this destruction and the challenges posed by the issues of non-international armed conflict, non-state actors and the military necessity exception. By examining recent developments in applicable international law, the article proposes that customary international law has evolved to interpret existing legal instruments and doctrines concerning cultural heritage in light of the principles …

Beyond The Destruction Of Syria: Considering A Future In Syria And The Protection Of The Right To Culture, Sarah Dávila-Ruhaak

UIC Review of Intellectual Property Law

Although the right to culture has been widely recognized under international human rights, its reach and practical application has been limited in cultural preservation efforts. Individuals and communities that attempt to be part of the decision-making process in preservation efforts often face barriers to access in that process. The need to re-conceptualize the right to culture is vital for its protection and preservation. This article proposes that the right to self-determination must be utilized as a core fundamental principle that enables a disenfranchised individual or community to have ownership in preservation efforts and decide how to shape their identity. It …

Agroterrorism, Resilience, And Indoor Farming, Nathalie N. Prescott

Animal Law Review

Agroterrorism poses a significant threat to food supplies and the stability of agricultural markets. The industrialization of agricultural has substantially improved productivity and efficiency, but has also contributed to the sector’s declining resilience— the ability to withstand and adapt to stress and change. Consequently, agriculture has become increasingly vulnerable to possible agroterrorist attacks. However, by working to increase biodiversity and minimize the connected and concentrated nature of agricultural production, the industry can lower its vulnerability to attack. Indoor agriculture may be one way to accomplish this goal. This Article describes indoor agriculture, explains the concept of agroterrorism, and explores the …

Rats, Traps, And Trade Secrets, Elizabeth A. Rowe

UF Law Faculty Publications

Technology has facilitated both the amount of trade secrets that are now stored electronically, and the rise of cyber intrusions. Together, this has created a storm perfectly ripe for economic espionage. Cases involving unknown or anonymous offenders who may not be in the United States and who steal trade secrets using remote access tools (“RATs”) are especially problematic. This Art-icle is the first to address and place trade secret misappropriation within the larger backdrop of cybersecurity. First, it argues that systemic issues related to technology will continue to make legislative and judicial solutions suboptimal for cyber misappropriation. Second, it explores …

Remnants Of The Past: Grendel’S Mother, Wealhtheow, And The Pagan Past, Sarah Kinkade

Senior Theses

"Within medieval studies, Beowulf is, by far, one of the most well-known and analyzed texts. While much scholarship focuses on subjects such as lexical analysis, Beowulf’s actions, the symbolism of Grendel, women’s roles and expectations, medieval politics, and many other notable topics, a less-popular, but significant theme within Beowulf is the fluctuating state of religion throughout Anglo-Saxon history. Rather than depicting a binary system between Christianity and paganism, the poem acknowledges the ongoing conversion process, which presented overlaps of both beliefs. The result of this process was folklore and this ambiguous system plays a major role throughout Beowulf. However, this …

Dancing With Knives: American Cold War Ideology In The Dances Of West Side Story, Daniel Belgrad, Ying Zhu

Humanities and Cultural Studies Faculty Publications

In cultural studies today, there is emerging an interpretive revolution “from below” – that is, a radical reassessment of the politics of cultural forms, based on a recovery of the embodied and affective subject as the center of meaning-making. Making sense of dance performances is therefore methodologically important because of their particular ability to offer insight into these two aspects of subjectivity. As an artifact of Cold War American culture, Jerome Robbins’ choreography in the film West Side Story (1961) enforces an ideological distinction between legitimate and illegitimate forms of violence, through its portrayals of “cool” affect as a necessary …

Lsu General Catalog 2016-2017, Louisiana State University And Agricultural And Mechanical College

LSU General Catalog

The LSU General Catalog describes all undergraduate and graduate departments and programs with degree requirements and courses offered for each one. The LSU General Catalog includes information on registration and financial aid as well as academic services offered to all students.

The Us And The Syrian Security Dilemma, Marlee Pittman

Honors Capstones

No abstract provided.

Riding For The Lone Star: Frontier Cavalry And The Texas Way Of War, 1822-1865, Alex Mendoza

Civil War Book Review

Combat on the Frontier: Texas Cavalry from the Colonial Period to the Civil War Era

Nathan A. Jennings has done an admirable service to historians of Texas and the Western Frontier. He has written a comprehensive study of Texas cavalry operations in the Lone Star from the colonial period t....

Seizing Destiny: The Army Of The Potomac's "Valley Forge" And The Civil War Winter That Saved The Union, Larry Grant

Civil War Book Review

Destiny's Conditions: Joseph Hooker's Long Winter with the Army of the Potomac The Civil War must occupy the top rank as the least forgotten conflict in the American experience with warfare. Nevertheless, despite many thousands of books and articles on the American Civil War, there are aspects of t....

Fort Bascom: Soldiers, Comancheros, And Indians In The Canadian River Valley, Matthew Stith

Civil War Book Review

Fort Bascom Our understanding of the Civil War era's brutal fighting and unfinished reconciliation has long stopped on the eastern edge of the Great Plains. But scholars have lately expanded the long Civil War and Reconstruction into the American West and, by doing so, have started to slowl....

Afroreggae And Grupo Cultural Afro Reggae: A Study Of The Early Years, Sarah S. Ohmer

Publications and Research

The following study of AfroReggae and Grupo Cultural Afro Reggae (GCAR) calls attention to Brazilian presence and community organizing in the field of Hip Hop studies with a long memory framework: placing AfroReggae and GCAR in a long history of Africana resistance through music in Latin America. !990s GCAR group arises when reggae and Hip Hop music had become new global forms of solidarity among urban marginalized youths worldwide, making use of old and new strategies of social healing (Fernandes 2011). A close look at lyrics from the Hip Hop fusion band and the associated nonprofit organization shape the concepts …

Monarch, Giovanna M. Genard (Editor)

Monarch Magazine

Winter 2016 issue of Monarch, the Old Dominion University Magazine.

Subtitled: Arts in the District

The Cartography Of The New World: Hernán Cortés’S Literary Mapping Of America, Sarah Tietz

Undergraduate Honors Thesis Collection

The Age of Discovery travel narratives from the fifteenth and sixteenth century, written by European explorers to the Americas, can be understood not only as narratives, but also as literary maps of the New World. Specifically, Hernán Cortés’s Second Letter in Cartas de Relación exemplifies the ways in which literary cartography helped write the Americas into existence in Europe. Cortés’s map does not reproduce the land he encounters, it creates the space known as America. His letters become a map in three ways. First, Cortés deliberately included descriptions of features of the land and natives that would impress the Christian …

Reconsidering Criminal Procedure: Teaching The Law Of The Police, Rachel Harmon

Saint Louis University Law Journal

No abstract provided.

Self-Defense In The United States: A Review Of The Literature, Jake Shields

Master's Theses and Doctoral Dissertations

This literature review examines self-defense as a general concept and in the context of specific legal doctrines. It looks at general issues of self-defense, such as philosophical principles, morality, and social norms; general guidelines of proportionality and force; and how non-lethal technology does not change these principles and guidelines. From there, the paper exams three major legal doctrines—Duty to Retreat, Castle Doctrine, and Stand Your Ground— and discusses their definitions, histories, legal significance, applied usages and specific study results, and the arguments and controversies surrounding them. The paper then analyzes the concept of self-defense through the theoretical perspective of Donald …

Righting America At The Creation Museum, Susan L. Trollinger, William Vance Trollinger

English Faculty Publications

On May 28, 2007, the Creation Museum opened in Petersburg, Kentucky. Aimed at scientifically demonstrating that the universe was created less than ten thousand years ago by a Judeo-Christian god, the museum is hugely popular, attracting millions of visitors over the past eight years. Surrounded by themed topiary gardens and a petting zoo with camel rides, the site conjures up images of a religious Disneyland. Inside, visitors are met by dinosaurs at every turn and by a replica of the Garden of Eden that features the Tree of Life, the serpent, and Adam and Eve.

In Righting America at the …

“Becoming Ioway: Using Auto-Ethnography To Understand The Fourteen Ioways’ Journey Of Colonization, Spirituality And Traditions Through Tribal Dance Exhibitions, Sarita R. Mc Gowan

Pitzer Senior Theses

This thesis analyzes the colonization and traditional spiritual practices of the Ioway people to show that their traditions have survived the effects of colonization also known as white settlers. I focus on issues of cultural traditional exhibition dance and that complicates the question of the nation-state’s exclusively trying to dissemble the Native Ioway Tribe of Kansas and Nebraska of colonization and the effects on the Ioway people past and present. I use personal experience of being a tribal member to discuss how the tribes’ oral history allows for the preservation of Ioway cultural identity and religious traditions.