Digital Commons Network^™

Lochner Revenant: The Dormant Commerce Clause & Extraterritoriality, Robin Feldman, Gideon Schor

Faculty Scholarship

During the Lochner era, the Supreme Court, relying on broad inter- pretations of constitutional doctrine, struck down scores of state statutes with an essentially free hand. Today, some federal courts are heading to- wards a new Lochner era, in which numerous state laws regulating health and safety can be invalidated on the thinnest of constitutional grounds. The issues implicate not only a vast amount of national commerce but also the Constitution’s careful balance between federal and state power. Specifically, in two decisions from the late 1980s, the Supreme Court extracted language from a 1935 decision and used that language to …

Drugs, Ethnic Profiling, And The American Perception Of Colombian Immigrants, 1979-1990, Laurisa Sastoque

Armstrong Undergraduate Journal of History

This paper analyzes how the media’s portrayal of Colombian drug trafficking turned into a stigma that affected the Colombian community in the United States. By reviewing periodical sources between the years 1979-1990, this paper argues that the formation of the drug trafficking stigma stems from the media's almost exclusive portrayal of Colombians as drug traffickers, within a context of U.S.-Colombia relations that encompassed tensions regarding responsibility for the growing transnational drug problem. Ultimately, this study proves that the drug trafficking stigma for Colombian immigrants is inherently tied to how American society viewed the Colombian government’s actions in the war on …

Redefining “Misinformation,” “Disinformation,” And “Fake News”: Using Social Science Research To Form An Interdisciplinary Model Of Online Limited Forums On Social Media Platforms, Audrey C. Normandin

Campbell Law Review

“Misinformation,” “disinformation,” and “fake news” have spread division and contention through online social media platforms, resulting in adverse effects to various areas of science, politics, and public health. This Comment takes a deeper look into the underlying motivations and beliefs behind this phenomenon by presenting a cohesive summarization of the empirical evidence gained from social science research. These terms are reclassified as “conflicting information” to deemphasize the considerations of fact or fiction and emphasize the empirical data showing these terms are social signifiers connotating “in-group” and “out-group” divisions. After developing this backdrop of social science research, the current legal proposals …

Comparative Studies Of Gender-Based Violence In Mexico And Central America, Daniela M. Buduen

Honors Undergraduate Theses

This thesis intends to explore the conditions of gender-based violence in Latin America and how it interacts with government type, crime rates, and religion. Currently, feminicide is perceived at higher rates in countries such as Mexico and Guatemala. A significantly higher indigenous community, Catholicism, and increased crime organizations are also present in these countries. Therefore, to uphold fundamental human rights, there needs to be a change in how gender-based violence, especially feminicide, is reported. The discussion will include a connection between the variables listed.

Citizen Trust And Governments' Response To Disasters, Berenice Belizaire

Honors Undergraduate Theses

The purpose of this descriptive study is to determine if there is a difference in citizen trust in Orange County government regarding the handling of disaster. Various dimensions like competence, benevolence, and integrity can determine a citizen's trust within its government. Disasters, such as man-made and natural, are described as a disruption to society through widespread damage to people and material. Counties experience man-made and natural disasters. Depending on its response to the incidents, counties can determine if the citizens view the county as a trustworthy and responsible government body. This study explored if there were differences in citizen trust …

The Federal Response To Covid-19: Lessons From The Pandemic, Nancy J. Knauer

UC Law Journal

When the first suspected human-to-human transmission of the novel coronavirus was reported in January 2020, the United States had in place an elaborate set of pandemic disaster and response plans that spanned hundreds of pages. The George W. Bush administration spearheaded national pandemic planning in 2005 as part of the post-September 11 efforts to modernize the country’s disaster response capabilities. Subsequent administrations revisited and revised the various pandemic plans, including the Trump administration as recently as 2017 and 2018.

Despite these detailed plans, the Trump administration was slow to respond to the emerging public health crisis or implement any of …

An Exploratory Analysis Of How Maya Angelou, Audre Lorde, And Patrisse Cullors Radicalized The Meaning And Practice Of Self-Care, Melanie Marie Lindsay

CGU Theses & Dissertations

My dissertation, “An Exploratory Analysis of How Maya Angelou, Audre Lorde, and Patrisse Cullors Radicalized the Meaning and Practice of Self-Care”, hypothesizes that we can conceive a practice of self-care using an abolitionist lens to examine the writings and performances of three Black feminists Maya Angelou, Audre Lorde, and Patrisse Cullors. Abolitionist self-care is a response to the political structures that directly affect marginalized communities, and it evaluates the numerous ways that Black women have used their voice to challenge systems of oppression. If we examine their thinking as expressed through their poetry, their performances (including activism), and their self-life-writing, …

Deepfakes: Ai Technology Of The Future, Hosanna Root

Cybersecurity Undergraduate Research Showcase

Deepfakes technology’s danger stems from its ability to create realistic but fake synthesized media that people often identify as something that is real. With this powerful technology in the wrong hands, deepfakes can cause devastating havoc through information warfare, election campaign disruptions, and more, creating distrust in society. Disinformation is already rampant today, even without wide deployments of deepfakes, which is concerning given the fact that deepfakes’ nefarious full potentials are yet to be reached.

Proceedings Of The 45th Canada-United States Law Institute Annual Conference - Climate Change And The Arctic: Profound Disruption, Uncertain Impact: Speaker Biographies, Cuslj

Canada-United States Law Journal

No abstract provided.

Endogenous, Exogenous And Existential Risk-New Global Solutions, G. A. Walker

The International Lawyer

No abstract provided.

Huawei Strikes Back: Challenging National Security Decisions Before Investment Arbitral Tribunals, Ming Du

Emory International Law Review

No abstract provided.

Gender And Counterterrorism: How The United States' Underestimation Of Women's Roles In Violent Extremism Threatens National Security, Brianna N. Bulski

Loyola University Chicago International Law Review

Discourse surrounding conflict and terrorism is often confined by gendered binaries which conflate masculinity with violence and femininity with peace and passivity. The social adoption of these archetypes has encouraged policy makers and security officials to paint men as combatants or orchestrators of extremism, while women are thought of as mere collaterals to war. However, the number of women involved in extremist groups is rising both domestically and abroad. As the essentialization of femininity becomes increasingly dangerous, the exigency to reimagine national security initiatives grows. This comment argues that the United States has reached a critical juncture in its counterterrorism …

The Erasure Of Torture In America, Jessica Wolfendale

Case Western Reserve Journal of International Law

No abstract provided.

Hugo Grotius And The Concept Of Grotian Moments In International Law, Michael P. Scharf

Case Western Reserve Journal of International Law

No abstract provided.

La Olla Y Los Patios: An Ethnography Of Place, Selfhood, Violence, And Rehabilitation In Bogotá, Andrés Romero

Wayne State University Dissertations

In the early hours of May 28, 2016, the mayor of Bogotá, along with the Colombian military and SpecialForces, seized the biggest olla or open-air drug market in Colombia at the time. The olla known as “El Bronx” was a three-block area in downtown Bogotá and where over 2,000 people found shelter under the authority of paramilitary affiliated crime bands controlling the city’s drug trade. Widely depicted by the media and the broader polity as an “inferno,” El Bronx was regarded as a space where those socially relegated outside of the human were encumbered by seemingly endless transgression and drug …

Exploring The Role Of Attachment Trauma In The Complex Ptsd Victim’S Self-Concept, Sadia Upright

Walden Dissertations and Doctoral Studies

Complex posttraumatic stress disorder is a very serious mental health condition with long-term side effects that impact a victim’s quality of life. Many studies have been conducted that explore various aspects of complex posttraumatic stress disorder. However, there is a gap in research exploring the role of attachment trauma in the development of self-concept for complex posttraumatic stress disorder victims. This gap is relevant because treatment of this population has been decisively limited and attachment trauma has been found to be a correlate among many psychiatric groups. By identifying how attachment trauma develops self-concept, researchers and clinicians can be better …

Endarkened Joy: A Black Woman’S Critical Autoethnography Of (Re)Membering Self Through Generational Tales Of Spirituality, Social (In)Justice, And Education, Rhemma D. Payne

Walden Dissertations and Doctoral Studies

Counselor education lacks representation and visibility of Black women and women of color scholars and professionals despite ongoing efforts to promote cultural diversity and inclusion within the field. Researchers have explored the externalized stereotypes of identity for Black women; however, little is known about the internalized beliefs of these stereotypical identities and the impact on advocacy and (un)wellness in academic settings. The purpose of this critical autoethnography was to present an insider’s view of a Black woman’s nuanced experiences of internalization of stereotypes while completing a counselor education doctoral program. Using an endarkened feminist onto-epistemological framework to guide the research, …

Disinformation And The First Amendment: Fraud On The Public, Wes Henricksen

Faculty Scholarship

No abstract provided.

The Agrarian Road To Peace: Henry Morgenthau's Post-War Planning For Germany, Logan W. Ray

Armstrong Undergraduate Journal of History

In September 1944, allied leaders Franklin D. Roosevelt and Winston S. Churchill met at Quebec to discuss the post-war planning of Germany. Treasury Secretary Henry Morgenthau accompanied Roosevelt to this conference and put forward his agrarian plan for Germany which would bear his name, the Morgenthau Plan. His plan called for the industrial reorganization of Germany and transition it to a farming community, thus making the country incapable of war. Though his plan was accepted at the Quebec Conference, its fierce opposition from the War Department and its leak to the press pressured Roosevelt to abandon the plan.

Author Biographies

OUR Journal: ODU Undergraduate Research Journal

No abstract provided.

State Of The Parties 2022 (Ninth Edition), John C. Green, David B. Cohen, Kenneth M. Miller

The State of the Parties

The State of the Parties 2022 brings together leading scholars of parties, elections, and interest groups to provide an indispensable overview of American political parties today. The 2020 presidential election was extraordinary. What role did political parties play in these events? How did the party organizations fare? What are the implications for the future? Scholars and practitioners from throughout the United States explore the current state of American party organizations, constituencies and resources at the national, state and local level.

The Effects Of War-Related Trauma On Dreams And Dreaming, Elisabeth Hunter

Spectrum

No abstract provided.

Unh: The Magazine Of The University Of New Hampshire, Winter 2022, Unh Magazine

UNH Magazine

This editon of UNH Magazine was digital only due to the COVID-19 Pandemic. This is an archived version of web content originally found at https://magazine.unh.edu/

Caliphs, Jinns, And Sufi Shrines: The Protection Of Cultural Heritage And Cultural Rights Under Islamic Law, Eleni Polymenopoulou

Emory International Law Review

This Article examines the position of the Islamic legal tradition on arts and cultural heritage, including its pitfalls, and argues that a better understanding of Muslim state practice is needed to enhance the protection of cultural rights in the Muslim world. This can further facilitate collaboration between Muslim states and inter-governmental bodies working in the field of culture; implement better accountability mechanisms under international criminal law, as well as; to contribute to the fight against terrorism. In addition, the author submits that Islamic law is not necessarily an appropriate platform to enhance cultural rights and cultural heritage in the Muslim …

Border Fetishism: Decolonizing Of The Imaginary Border Ideology And Discourse, César G. Abarca

Humboldt Journal of Social Relations

Then Presidential Candidate Toxic Orange, during his political campaign for president, promoted his xenophobic and racist ideology by stating that all immigrants crossing the US imaginary border without inspection were rapists and drug dealers. The vitriolic speech and vivid language used to demonize and dehumanize individuals seeking a better life and to contribute to the US economy, found acceptance and support in a significant portion of the population and mainstream media. This article will describe the social construction of the Mexico-US border as an object and place for wild ideology and discourse based in white supremacist and racist premises. Additionally, …

Volume 44: Full Issue

Humboldt Journal of Social Relations

Humboldt Journal of Social Relations: Teaching in the Wake of Trump. Volume 44.

The Use And Abuse Of Domestic National Security Detention, Nicole Hallett

Seattle University Law Review

Are people convicted of terrorism-related offenses so dangerous that we must bend the Constitution to keep the public safe? Or should we treat them like people who commit other crimes—by prosecuting, convicting, sentencing, and then releasing them after they have served their criminal sentences? Can we trust the government to use the power to detain people without criminal charge without abusing it? The case of Adham Amin Hassoun raises these questions. Prosecuted after 9/11 for providing support to Muslims abroad in the 1990s, and sentenced under the United States’ expansive material support laws, Hassoun avoided a life sentence only to …

The United States Is Enabling An Outer Space Arms Race: An Overview Of The Current Framework And Recommendations For Abating An Outer Space Arms Race, Valerie Shmigol

Seattle University Law Review

This Note explores the possibility of future armed outer space conflict as global powers create and test counterspace weapons. Part I of this Note overviews current space security threats, focusing on China, Russia, Iran, and North Korea’s capabilities. Part II provides a primer on international agreements governing outer space. The 1967 Outer Space Treaty serves as the legal framework for outer space activities; however, it is woefully inadequate in addressing escalating tensions. Finally, Part III provides recommendations and advocates for the United States to revise its position, which seeks voluntary “transparency and confidence building measures.”

Speciation And Nucleation Of An(Iv) In Aqueous Media, Saikot Mazumder

Dissertations and Theses

Actinide molecular metal oxides are a family of clusters composed of a variable number of An(IV) centers connected through a network of oxygen and hydroxide ligands with many potential applications in nuclear waste reprocessing and environmental remediation. However, our knowledge regarding the aqueous speciation of actinide ions and their preferred nucleation pathway to form high nuclearity clusters is limited compared to their transition metal counterparts. Here, we present a computational study on the speciation and nucleation of actinide ions up to 4+ in aqueous media in the presence of zwitterionic glycine ligands. Both eight and nine coordinated species were considered. …

Common Use, Lineage, And Lethality, Darrell A. H. Miller, Jennifer Tucker

Faculty Scholarship

Political and legal debates over assault rifles, large-capacity magazines, and other lethal technology are characterized by increasing rancor and hostility. Lack of a common vocabulary to describe the topics of debate, much less facilitate a constructive dialogue, only aggravates this trend. Sorely missing from the current debate is a shared vocabulary for what the public policy and the constitutional doctrine are aiming to achieve. Part I of this Article outlines the state of Second Amendment doctrine with respect to which and what type of arms are protected, and the confused language and goals of that doctrine. Part II provides a …