History Commons^™

Complicity In The Perversion Of Justice: The Role Of Lawyers In Eroding The Rule Of Law In The Third Reich, Cynthia Fountaine

St. Mary's Journal on Legal Malpractice & Ethics

A fundamental tenet of the legal profession is that lawyers and judges are uniquely responsible—individually and collectively—for protecting the Rule of Law. This Article considers the failings of the legal profession in living up to that responsibility during Germany’s Third Reich. The incremental steps used by the Nazis to gain control of the German legal system—beginning as early as 1920 when the Nazi Party adopted a party platform that included a plan for a new legal system—turned the legal system on its head and destroyed the Rule of Law. By failing to uphold the integrity and independence of the profession, …

Literature Review: How U.S. Government Documents Are Addressing The Increasing National Security Implications Of Artificial Intelligence, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

This article emphasizes the increasing importance of artificial intelligence (AI) in military and national security policy making. It seeks to inform interested individuals about the proliferation of publicly accessible U.S. government and military literature on this multifaceted topic. An additional objective of this endeavor is encouraging greater public awareness of and participation in emerging public policy debate on AI's moral and national security implications..

Kuasa Atas Ruang Pembebasan’: The Resilience Ofwomen In Sasak Culture, Lucky Wijayanti

International Review of Humanities Studies

The Sasak tribe on Lombok island - West Nusa Tenggara, have traditional values and are applied through the social structure of their communities in daily life. Some existing customary values place women in irreplaceable positions. Even so, the existence of financial needs makes them work abroad as laborers, which indirectly results in the occurrence of divorce and early marriage. This is a problem for Sasak women in terms of survival in the Sasak culture. An ethnographic approach derived from Malinowski, the opinion of Svasek, and the value system framework from Kluckhohn are used in this study. This research concludes that …

Status Of Mineral Ownership Underlying The Missouri River Within The Boundaries Of The Fort Berthold Indian Reservation (North Dakota), Department Of The Interior, Daniel H. Jorjani

US Government Documents related to Indigenous Nations

This memorandum, dated May 26, 2020, from the United States Department of the Interior (Office of the Solicitor) to the Assistant Secretary of US Indian Affairs and the Assistant Secretary of Land and Minerals Management rescinds the Solicitor’s January 18, 2017 opinion regarding mineral rights on the Fort Berthold Reservation and asserts that the state of North Dakota, not the Three Affiliated Tribes, is the legal owner of the submerged lands beneath the Missouri River. The Solicitor cites the “Historical Examination of the Missouri River within the Fort Berthold Indian Reservation, Precontact-1902” and his interpretation of laws and case precedent …

Parameters Spring 2020: Full Issue, Usawc Parameters

The US Army War College Quarterly: Parameters

No abstract provided.

Parameters Summer 2020: Full Issue, Usawc Parameters

The US Army War College Quarterly: Parameters

No abstract provided.

From The Editor In Chief, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.

Military Ethics Below The Threshold Of War, C. Anthony Pfaff

The US Army War College Quarterly: Parameters

No abstract provided.

Abu Simbel: The Beginnings Of World Heritage, Olivia Womack

Tenor of Our Times

This articles explores the preservation of Abu Simbel and its role in sparking an international interest in cultural heritage. Additionally, the author analyzes the current UNESCO World Heritage system in light of its beginnings at Abu Simbel.

Creating And Undoing Legacies Of Resilience: Black Women As Martyrs In The Black Community Under Oppressive Social Control, Leah Iman Aniefuna, M. Amari Aniefuna, Jason M. Williams

Department of Justice Studies Faculty Scholarship and Creative Works

This paper contextualizes the struggles and contributions of Black motherhood and reproductive justice under police surveillance in Baltimore, Maryland. We conducted semi-structured interviews with mothers regarding their experiences and perceptions of policing in their community during the aftermath of the police-involved death of Freddie Gray. While the literature disproportionately focuses on Black males, little knowledge is known about the struggles and contributions of Black mothers in matters concerning police brutality and the fight against institutional violence. There still remains the question regarding the role of and impact on Black mothers during matters of institutional violence against Black children. We fill …

A Comparative Analysis Of The Politics Of Gun Control In The United States And Australia, Nicholas Leone

College Honors Program

This thesis centers on the interrelationships and differences in firearm legislation and culture within the United States of America and Australia. As a result of the Port Arthur Massacre on April 28, 1996, Australia was faced with an unprecedented mass shooting that completely shifted Australian politics and culture regarding firearm safety and availability. Thus, the thesis inquiries into the effectiveness of Australia’s buyback program as well as the cultural and political factors that allowed for such legislation to be passed. After suffering 118 mass shootings in the U.S. since 1982, the history of the United States regarding gun control is …

Catalan Artist Pierre Daura As Exile, Refugee, Naturalized American Citizen, Teresa Gunter

Undergraduate Theses and Capstone Projects

The impetus for this paper began with the following question: where once Daura’s identity had been firmly grounded in his Catalonian origins and within the milieu of international artists in France, did this period of change in his artistic output originate from a grave insecurity in nationality? By examining U.S. immigration policies and Daura’s identity as a refugee, immigrant, and naturalized American citizen, I will establish that a crisis of nationality, complicated by Nation of Origin Quotas and nativist immigration policies, influenced the art of Pierre Daura and coincided with a striking transformation of his style.

Pig Iron To Wrought Iron: Lake Oswego's Transformation From Iron Smelting To The Privatization Of Oswego Lake, Mathew K. Ragsdale

Young Historians Conference

The paper focuses on the interaction between Oregon's public trust doctrine, city ordinances, and private interests surrounding access to Oswego Lake. Areas of study include the early development of Lake Oswego with its prominence in the Oregon iron industry, and its transition from industrial town to weekend retreat to affluent suburb between the late 1800s and mid 1900s. The Lake Oswego Corporation has claimed power over all aspects of the lake, a notion disputed by Oregon's strong public trust doctrine. The city, whose duty is to all residents, has used the lake as a public asset while restricting access to …

School Of Law_Law Student And Paralegal Covid Pro Bono Support Project Email, Rachel I. Reeves

School of Law

Email from Rachel Reeves, Director of Field Placement Programs and Adjunct Professor, University of Maine School of Law to students regarding a national law student pro bono support project.

That Further Shore: A Memoir Of Irish Roots And American Promise [Table Of Contents], John D. Feerick

Biography

A rare and evocative memoir of a respected constitutional scholar, dedicated public servant, political reformer, and facilitator of peace in the land of his ancestors

John D. Feerick’s life has all the elements of a modern Horatio Alger story: the poor boy who achieves success by dint of his hard work. But Feerick brought other elements to that classical American success story: his deep religious faith, his integrity, and his paramount concern for social justice. In his memoir, The Further Shore, Feerick shares his inspiring story, from its humble beginnings born to immigrant parents in the South Bronx, going …

Compensation Regarding The Sioux Nation, Jacob Degallery

Student Writing

The Sioux Nation has been treated unfairly during the Lakota Wars and is still facing many of the same problems with reservation land rights. By looking at past and recent incidents, such as the injustice of removing of Sioux from the Black Hills and the Dakota Pipeline, the problem is explained, and potential solutions can be discussed. The Sioux should be fairly compensated for the loss of land and further land violations such as the issues regarding the Standing Rock Reservation stopped. The possibilities of Tribal Sovereignty and recognition within the Black Hills are specifically mentioned as potential solutions to …

Racialized Tax Inequity: Wealth, Racism, And The U.S. System Of Taxation, Palma Joy Strand, Nicholas A. Mirkay

Northwestern Journal of Law & Social Policy

This Article describes the connection between wealth inequality and the increasing structural racism in the U.S. tax system since the 1980s. A long-term sociological view (the why) reveals the historical racialization of wealth and a shift in the tax system overall beginning around 1980 to protect and exacerbate wealth inequality, which has been fueled by racial animus and anxiety. A critical tax view (the how) highlights a shift over the same time period at both federal and state levels from taxes on wealth, to taxes on income, and then to taxes on consumption—from greater to less progressivity. Both of these …

Environmental Justice In Little Village: A Case For Reforming Chicago’S Zoning Law, Charles Isaacs

Northwestern Journal of Law & Social Policy

Chicago’s Little Village community bears the heavy burden of environmental injustice and racism. The residents are mostly immigrants and people of color who live with low levels of income, limited access to healthcare, and disproportionate levels of dangerous air pollution. Before its retirement, Little Village’s Crawford coal-burning power plant was the lead source of air pollution, contributing to 41 deaths, 550 emergency room visits, and 2,800 asthma attacks per year. After the plant’s retirement, community members wanted a say on the future use of the lot, only to be closed out when a corporation, Hilco Redevelopment Partners, bought the lot …

The Political Development Of Capital Punishment In The Modern Moroccan State, Mia Barr

Independent Study Project (ISP) Collection

The modern Moroccan state seen today is very young. Having only been independent from France since 1956, the country has spent the last sixty-four years crafting its post-colonial statehood. What has emerged is a hybrid political system with powers split, however unequally, between the King and his inner circle, known as the makhzen, and the Parliament. Not only is the monarchy constitutional—meaning that its legitimacy is literally written into the primary governing document of Morocco, which had its last referendum in 2011—but it is also self-sustaining and self-legitimizing, for the monarchy uses its constitutional powers to grant itself further powers …

The Relationship Between Lgbtq+ Representation On The Political And Theatrical Stages, Brett V. Ries

Honors Thesis

This thesis examines the relationship between LGBTQ+ representation on the political and theatrical stages. During some decades, LGBTQ+ theatre was dictated by the politics of the time period. During other times, theatre educated and filled the silence when the government and society turned the other way. By examining LGBTQ+ plays, musicals, and political events over the past century, there are clear themes that emerge. In both the theatrical and political arenas, LGBTQ+ representation has been limited by a concept called “repressive tolerance.” Every step of progress has been met with another restriction, ranging from stereotypical caricatures to legal discrimination. In …

Screened Out Of Housing: The Impact Of Misleading Tenant Screening Reports And The Potential For Criminal Expungement As A Model For Effectively Sealing Evictions, Katelyn Polk

Northwestern Journal of Law & Social Policy

Having an eviction record “blacklists” tenants from finding future housing. Even renters with mere eviction filings—not eviction orders—on their records face the harsh collateral consequences of eviction. This Note argues that eviction records should be sealed at filing and only released into the public record if a landlord prevails in court. Juvenile record expungement mechanisms in Illinois serve as a model for one way to protect people with eviction records. Recent updates to the Illinois juvenile expungement process provided for the automatic expungement of certain records and strengthened the confidentiality protections of juvenile records. Illinois protects juvenile records because it …

The Israeli-Palestinian Conflict In The Trump Era: A Human Rights Perspective, Manny Rodriguez

Senior Theses and Projects

The Israeli-Palestinian conflict has been an ongoing war in the Middle East that began in the mid-20th century. Over the last seventy years, the region has been characterized by widespread violence and war as disputes over territory and religious freedom have heightened tensions between the Israelis and Palestinians. Many countries, especially the United States, have attempted to resolve the conflict and bring peace to the region. Since the conflict started, U.S. presidents, both Republican and Democrat alike, have generally maintained a similar, pro-Israel approach while attempting to be inclusive of the Palestinian community. However, the election of Donald J. Trump …

The Permanent Liminality Of Pakistan's Northern Areas- The Case Of Gilgit-Baltistan, Hamna Tariq

Senior Theses and Projects

Since Pakistan’s inception, Gilgit-Baltistan, a sprawling region in Northern Pakistan, has not been granted provincial status due to its colonial association with the disputed region of Kashmir. Gilgit-Baltistan refutes its forceful integration with Kashmir, an unfortunate remnant of British divide-and-rule strategy, and demands provincial recognition and constitutional rights. Pakistan unfairly claims that it awaits the UN-sanctioned plebiscite in Kashmir to determine the region’s status. However, the likelihood of a plebiscite is little to none, since the Indian government officially annexed Indian-held Kashmir in August 2019, breaching the UN resolution on the plebiscite. A region that has been at the mercy …

Marginalization And Criminalization Of People With Mental Illness, Ariana Walker

Student Writing

It is worth noting that people with a mental illness or disorder have a stigma around them that dictates how others treat them. With this stigma comes discrimination stemming from an already established opinion and experience with a person who has a mental illness. People who have a mental illness that affects their life are marginalized within our society, which means they get treated differently than the majority. This essay will serve as a discussion of the treatment history of mental disorders, forced institutionalization of the people, the impact deinstitutionalization had, and how this led to today’s problem of criminalization. …

Internship Paper: Completed At The Humanitarian Law Center Kosovo, Julia Herzfeld

Independent Study Project (ISP) Collection

This paper discusses my experiences while online interning with the Humanitarian Law Center Kosovo, an organization based out of Prishtina and works to support inclusive and victims-centered transitional justice in Kosovo. I worked primarily on two research projects, one on the Transitional Justice Strategy of Bosnia and Herzegovina and the other on the status of criminal complaints filed by the Humanitarian Law Center in Belgrade to the Serbian justice system related to war crimes committed in Kosovo. While the circumstances surrounding my online internship were not ideal due to the Covid-19 pandemic, my experience greatly enhanced my knowledge of the …

Geopolitics And The Digital Domain: How Cyberspace Is Impacting International Security, Georgia Wood

Independent Study Project (ISP) Collection

The digital domain is the emerging environment for which the internet and data connectivity exists. This new domain is challenging the traditional place for geopolitics to exist, and creating new challenges to international relations. The use of cyberweapons through direct cyberattacks, such as the possibility of an attack on the U.S. power grid, or misinformation campaigns, such as the one launched by Russia against the 2016 U.S. Presidential election, can expand the international threat landscape. While these new threats increase, states are widely not prepared to address the new challenges in the digital domain. This paper will use three primary …

Ensuring Accountability To Affected Populations In Humanitarian Settings: "Holding Humanitarian Organizations Accountable To People.", Jazmin Williamson

Independent Study Project (ISP) Collection

Aim: This research aims to examine what guidelines and regulations help ensure that humanitarian organizations are held accountable to their beneficiary populations.

Background: Although people have always been the focus of humanitarian aid, their voice and participation didn't become a centralized part of the conversation until the 1990s and later gained real traction in the early 2000s. During these times, many new foundational documents were created to highlight the "centrality of local participation in aid." Among the documents that enshrined this new principle of population participation included the 1992 Code of Conduct for the International Red Cross and Red Crescent …

North Korean Refugees Along The Route To Freedom: Challenges Of Geopolitics, Deborah Da Sol Jeong

Independent Study Project (ISP) Collection

This Independent Study Project conducts an analysis of the North Korean Refugee Crisis by following the refugees along their escape route from the North Korean regime. By following a common escape route that includes China, Laos, Thailand, and finally, South Korea, this study unpacks the geopolitical factors and diplomatic relations that hinder and improve the progress of these refugees. Afterward, this study analyzes the resettlement process that North Korean refugees undergo in South Korea and the challenges that remain even after gaining South Korean citizenship. Finally, this project concludes by suggesting that the international community actively endeavor to establish a …

Islam, Democracy, And The Leadership Role Of Women In Government, Leea Collard

Senior Honors Theses

This thesis examines the relationship between Islam, democratic government, and the governmental leadership of women in the Middle East, North Africa, and Turkey (MENAT). In order to understand female leadership in this region, the compatibility between Islam and democracy is analyzed. This occurs through the examination of Sharia Law and democratic principles within Islam. Furthermore, a statistical analysis of the successes of democracies in the region will be presented. Each nation will be categorized by the constitutional provisions entrusted to its female citizens. Thus, this thesis will present the legality of the political participation of women in each of the …

School Of Law_Dean Update_March 30, 2020, Dmitry Bam

School of Law

Email update from Dmitry Bam Interim Dean and Professor of Law University of Maine School of Law regarding COVID-19.