Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Arts and Humanities

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 1 - 30 of 13406

Full-Text Articles in Law

All Things To All People, Part One, Peter J. Aschenbrenner Dec 2104

All Things To All People, Part One, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic has identified the fundamental predicate of Government I, which operated, more or less, under Constitution I, the Constutiton of the year One, as a disposable government. See The Standard Model at War, 17 OCL 350. if government asserts, affirmatively, that it is disposable, isn’t it also asserting that it can replicate its systems (= structures political society) at will? OCL builds on its assertion of political society as a three-goaled contrivance. See Why Do Political Societies Exist? 2 OCL 883. Isn’t such a government asserting the primacy of the needs of civil society? By offering to dispose …


How Do We Know When Political Societies Change?, Peter Aschenbrenner Jan 2104

How Do We Know When Political Societies Change?, Peter Aschenbrenner

Peter J. Aschenbrenner

Predicates, features, attributes and properties of a system are liable to change. How does the change get marked down? For this purpose what facet of a system should command our attention? Any system worth the name, Our Constitutional Logic argues, is aware of its own standing in civil society. OCL considers the issues raised.


Descargar` Chicos Buenos [2019] Pelicula Completa Ver-Hd™ Espanol - Latino Online, Madelineleonard77 Madelineleonard77 Jan 2026

Descargar` Chicos Buenos [2019] Pelicula Completa Ver-Hd™ Espanol - Latino Online, Madelineleonard77 Madelineleonard77

madelineleonard77 madelineleonard77

No abstract provided.


Climate Change And Environmental Crises In Coastal Cities: Charleston Vs New York City, Nolan Rodriguez May 2024

Climate Change And Environmental Crises In Coastal Cities: Charleston Vs New York City, Nolan Rodriguez

Student Theses 2015-Present

This paper addresses the increasing vulnerability that coastal communities face regarding climate crises and rising sea levels. Specifically, this paper investigates the environmental crises facing Charleston, South Carolina, and New York City. The geographical location of these cities places a more severe threat upon their environment, as opposed to urban collectives removed from the immediate effect of rising sea levels. A cross-examination of politics and economics is discussed in order to determine the causal relationship of each city’s engagement with its surrounding environment. This paper examines how each city is affected by climate change, what measures are in place to …


Liberation Chronicles: Reformulating Black Liberation In The Face Of Persistent Oppression, Nia P. Gadson May 2024

Liberation Chronicles: Reformulating Black Liberation In The Face Of Persistent Oppression, Nia P. Gadson

Honors College Theses

Liberation movements for Black people have been prominent throughout American history. Chattel slavery and Jim Crow laws caused centuries of anti-black oppression. They continuously evolved into other anti-black structures – mass incarceration, predatory loan companies, and healthcare inequalities, to name a few – that require us to address these issues still today. The most recent Black liberation movement, Black Lives Matter, experienced a brief uptick in support after George Floyd’s murder but, overall, failed to address these issues. This thesis outlines three approaches to Black liberation in the U.S. to determine the most effective. First, drawing on Frederick Douglass’ autobiographies, …


Too Little, Too Late: The Icc And The Politics Of Prosecutorial Procrastination In Georgia, Marco Bocchese May 2024

Too Little, Too Late: The Icc And The Politics Of Prosecutorial Procrastination In Georgia, Marco Bocchese

Genocide Studies and Prevention: An International Journal

In August 2008, just days after belligerent parties had reached a ceasefire agreement, the Office of the Prosecutor (OTP) announced the opening of a preliminary examination into the situation of Georgia. Yet, it was only in March 2022 that International Criminal Court (ICC) Chief Prosecutor Karim Khan applied for arrest warrants in relation to three individuals from Georgia’s breakaway region of South Ossetia. That said, how can such prolonged inaction be accounted for? How much blame does the OTP carry for it? And how did ICC-state relations develop over time? This paper conducts a within-case analysis of the situation of …


Copyright & Modding In The Modern Gamespace, Josephine Railston May 2024

Copyright & Modding In The Modern Gamespace, Josephine Railston

Student Scholar Symposium Abstracts and Posters

In the modern gamespace, modding has become an excellent opportunity for video game enthusiasts to express their creativity and love for a game; but what happens when that passion is stifled by a major company? My poster presentation will examine the ethics behind modding and ROM hacking, from both the perspectives of major video game corporations as well as their fanbase at large. We will analyze this issue using the case study of Pokémon Prism, a Pokémon Crystal ROM hack, which was canceled days prior to its release following a cease and desist by Nintendo. More specifically, we will investigate …


Supporting Text And Data Analysis Across Campus From The Academic Library, Amy Kirchhoff, Hejin Shin Phd Apr 2024

Supporting Text And Data Analysis Across Campus From The Academic Library, Amy Kirchhoff, Hejin Shin Phd

Digital Initiatives Symposium

The ability to comprehend and communicate with text-based data is essential to future success in academics and employment, as evidenced in a recent survey from Bloomberg Research Services which shows that nearly 97% of survey respondents now use data analytics in their companies and 58% consider data and text mining a business analytics tool (https://www.sas.com/content/dam/SAS/bp_de/doc/studie/ba-st-the-current-state-of-business-analytics-2317022.pdf). This has fueled a substantial growth in text analysis research (involving the use of technology to analyze un- and semi-structured text data for valuable insights, trends, and patterns) across disciplines and a corresponding demand on academic libraries to support text analysis pedagogy and text analysis …


The Dependent Nature Of Enlightenment And Capitalism: Discourse On How Civilization Needs Capitalism To Curb The Effects Of Enlightenment, Katriel Lee Apr 2024

The Dependent Nature Of Enlightenment And Capitalism: Discourse On How Civilization Needs Capitalism To Curb The Effects Of Enlightenment, Katriel Lee

Student Research Submissions

This paper examines the interplay between the intellectual movements of enlightenment, the economic system of capitalism, and the manifestation of violent racist ideologies like antisemitism and anti-black racism. The core argument is that while the enlightenment ideals of reason, universality, and human dominance over nature inherently set the stage for categorizing and objectifying groups seen as deviating from the desired uniformity, the emergence of extreme racist violence like the Holocaust requires the additional factors of a failing capitalist economy and the rise of totalitarian governments. In the modern American context, racist thought persists in the more covert form of color-blindness. …


A Case For Abolition: Analyzing The Death Penalty In The United States, Abigail E. Nick Apr 2024

A Case For Abolition: Analyzing The Death Penalty In The United States, Abigail E. Nick

Senior Theses and Projects

This thesis delves into the multifaceted debate surrounding the death penalty in the United States, exploring its constitutionality, morality, and implications for the justice system. Drawing from legal, philosophical, and empirical analyses, it argues against the continued practice of capital punishment, contending that it violates fundamental human rights, inhibits rehabilitation efforts, and fails to align with evolving societal norms. The discussion navigates through historical contexts, international perspectives, and philosophical theories of punishment, examining the right to life, methods of punishment, and evolving standards of decency. It underscores the tension between retributive justice and the protection of human rights, highlighting the …


Crimes In Different Mediums Of Art, Chloe Milhouse Apr 2024

Crimes In Different Mediums Of Art, Chloe Milhouse

ENGL 1102 Showcase

There are a few different ways we see crime and art come together as one without even realizing it and there are other topics that showcase crime punishment as well. Crime can be portrayed through music. When certain artists sing about their crime-like behaviors, this can lead to people also doing that same crime because they listened to it in a song. Crime can be derived from art itself, causing people to react emotionally and criminally to something they’ve seen. Lastly it can be represented through film and TV showcasing elements of human behavior for society to see. All of …


Where To Test A Nuclear Bomb, Tyler Kliegl Apr 2024

Where To Test A Nuclear Bomb, Tyler Kliegl

The Purdue Historian

The United States detonated three underground nuclear bombs on a far-off Alaskan island called Amchitka in the 1960s and 70s. The goal is to understand what the motive of the United States in selecting Amchitka over the endless potential sites to test at were. What makes a place worthy in being tested on, or unworthy in being left alone. How does the United States deal with resistance from locals and other organizations, fighting to prevent their tests.


Charge The Cockpit Or Die: An Anatomy Of Fear-Driven Political Rhetoric In American Conservatism, Daniel Hostetter Apr 2024

Charge The Cockpit Or Die: An Anatomy Of Fear-Driven Political Rhetoric In American Conservatism, Daniel Hostetter

Senior Honors Theses

Subthreshold negative emotions have superseded conscious reason as the initial and strongest motivators of political behavior. Political neuroscience uses the concepts of negativity bias and terror management theory to explore why fear-driven rhetoric plays such an outsized role in determining human political actions. These mechanisms of human anthropology are explored by competing explanations from biblical and evolutionary scholars who attempt to understand their contribution to human vulnerabilities to fear. When these mechanisms are observed in fear-driven political rhetoric, three common characteristics emerge: exaggerated threat, tribal combat, and religious apocalypse, which provide a new framework for explaining how modern populist leaders …


Of Race, Racism And Racially Motivated Offences: A Review Of The Hate Crime And Public Order (Scotland) Act 2021, Olufemi O. Ilesanmi, Danielle Mckandie Apr 2024

Of Race, Racism And Racially Motivated Offences: A Review Of The Hate Crime And Public Order (Scotland) Act 2021, Olufemi O. Ilesanmi, Danielle Mckandie

Class, Race and Corporate Power

A relationship of social and legal significance seems to exist between the prohibition of expressions or manifestations of racism and the society’s preservation of racial diversity. To discourage racial prejudice and thereby protect each race, the state must manage its diversity well by legislating against racist hate offences. In Scotland, for example, the government boldly accepted that hate crimes, including racially motivated offences, are a serious problem requiring closer attention. Through its Hate Crime and Public Order (Scotland) Act 2021, the state resolves to tackle related criminality.

Focusing on the Act, this review examines whether or how race within the …


Welcoming The Stranger: Abrahamic Hospitality And Its Contemporary Implications, Ori N. Soltes, Rachel Stern, Endy Moraes Apr 2024

Welcoming The Stranger: Abrahamic Hospitality And Its Contemporary Implications, Ori N. Soltes, Rachel Stern, Endy Moraes

Religion

Embracing hospitality and inclusion in Abrahamic traditions

One of the signal moments in the narrative of the biblical Abraham is his insistent and enthusiastic reception of three strangers, a starting point of inspiration for all three Abrahamic traditions as they evolve and develop the details of their respective teachings. On the one hand, welcoming the stranger by remembering “that you were strangers in the land of Egypt” is enjoined upon the ancient Israelites, and on the other, oppressing the stranger is condemned by their prophets throughout the Hebrew Bible.

These sentiments are repeated in the New Testament and the Qur’an …


Aphorism Cookies, Erik M. Jensen Apr 2024

Aphorism Cookies, Erik M. Jensen

Mississippi College Law Review

No abstract provided.


Spectre Of Justice: Russian Reform In The Courtrooms Of Dostoevsky And Tolstoy, Abby Moore Apr 2024

Spectre Of Justice: Russian Reform In The Courtrooms Of Dostoevsky And Tolstoy, Abby Moore

Senior Theses

The Great Reforms of Alexander II are regarded as transformative policies in the history of Tsarist Russia, drastically changing the empire’s social and political fabric. The judicial reforms of 1864 in particular addressed longstanding issues within the existing criminal justice system, yet they also liberalized the institution at large. Following in the West’s footsteps, the reforms introduced an unprecedented level of democracy into Russia’s courtroom. Among the critics of these changes were renowned authors Fyodor Dostoevsky and Leo Tolstoy, both of whom used the realm of fiction to explore their respective concerns with reformed Russian jurisprudence. Both authors bring distinct …


Bibliography For "Keeping The Rhythm Of Creativity: Celebrating The Performing Arts And Intellectual Property", Isabella Piechota, Arianna Tillman, Kalea Brown, Katherine Roth Apr 2024

Bibliography For "Keeping The Rhythm Of Creativity: Celebrating The Performing Arts And Intellectual Property", Isabella Piechota, Arianna Tillman, Kalea Brown, Katherine Roth

Library Displays and Bibliographies

A bibliography created to support a display about the performing arts and intellectual property at the Leatherby Libraries during April 2024 at the Leatherby Libraries at Chapman University.


Federal Indian Law As Method, Matthew L. M. Fletcher Mar 2024

Federal Indian Law As Method, Matthew L. M. Fletcher

Articles

Morton v. Mancari is well-known in Indian law circles as a foundation for the tribal self-determination era, which is generally understood to have begun in the late 1960s and early 1970s. The case involved an Act of Congress that required the federal “Indian Office” (now called the Bureau of Indian Affairs) to grant preference in employment to “Indians.” The case is typically understood as the basis for analyzing how federal statutes that apply exclusively to Indian people do not implicate the anti-discrimination principles of the United States Constitution. This understanding of the case, while correct, is too narrow.


Searching Govinfo.Gov/, Bert Chapman Mar 2024

Searching Govinfo.Gov/, Bert Chapman

Libraries Faculty and Staff Presentations

This U.S. Government Publishing Office (GPO) database provides access to information legal, legislative, and regulatory information produced on multiple subjects by the U.S. Government. Content includes congressional bills, congressional committee hearings and prints (studies), reports on legislation, the text of laws, regulations, and executive orders and multiple U.S. Government information resources covering subjects from accounting to zoology.


China's Use Of Nontraditional Strategic Landpower In Asia, Sheena Chestnut Greitens Mar 2024

China's Use Of Nontraditional Strategic Landpower In Asia, Sheena Chestnut Greitens

The US Army War College Quarterly: Parameters

This article argues that the People’s Republic of China uses its police and internal security forces as a nontraditional means of projecting strategic Landpower in the Indo-Pacific and Central Asia. Instead of limiting analysis of China’s power projection to military forces, this article employs new data on Chinese police engagements abroad to fill a gap in our understanding of the operating environment in Asia. Policymakers will gain an understanding of how these activities enhance China’s presence, partnerships, and influence across the region to inform the development of recommendations for a more effective response.


Parameters Spring 2024, Usawc Press Mar 2024

Parameters Spring 2024, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


Rethinking The Relevance Of Self-Deterrence, Jeffrey H. Michaels Mar 2024

Rethinking The Relevance Of Self-Deterrence, Jeffrey H. Michaels

The US Army War College Quarterly: Parameters

Self-deterrence is critically understudied in deterrence theory. Similarly, deterrence practitioners prefer to focus on adversaries’ threats rather than seeking to account for the full scope of fears influencing the decision calculus of policymakers. Through historical case studies, this article identifies where self-deterrence has occurred, highlights the benefits of incorporating the concept in future strategic planning and intelligence assessments, and recommends that policymakers, strategists, and analysts acknowledge self-deterrence as an important factor when preparing for future wars.


Strategy As Problem-Solving, Andrew Carr Mar 2024

Strategy As Problem-Solving, Andrew Carr

The US Army War College Quarterly: Parameters

This article proposes a new definition of strategy as problem-solving that challenges the focus on goals and assumptions of order within many post–Cold War approaches to strategy. It argues that the military needs strategy to diagnose the complex problems of the twenty-first century before they can be solved. Inspired by practitioners such as Andrew Marshall and George F. Kennan, this new definition clarifies what strategists do and offers a logic for distinguishing the use of the term strategy. Practitioners will also find problem-solving tools and pedagogies they can adopt today.


From The Editor In Chief, Antulio J. Echevarria Ii Mar 2024

From The Editor In Chief, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

Welcome to the Spring 2024 issue of Parameters. Readers will note a few differences in the formatting for this issue: we are now using endnotes instead of footnotes to facilitate switching from pdf to html via Adobe's Liquid App; also, readers will be able to click on each endnote number to view the full endnote and then switch back to the text to resume reading. Please drop us a note to let us know how you like the changes. More are coming!


International Law, Self-Defense, And The Israel-Hamas Conflict, Eric A. Heinze Mar 2024

International Law, Self-Defense, And The Israel-Hamas Conflict, Eric A. Heinze

The US Army War College Quarterly: Parameters

This article examines the international law of self-defense as it applies to the ongoing Israel-Hamas conflict to determine whether the October 2023 attacks by Hamas against Israel can be interpreted under Article 51 of the UN Charter as an “armed attack” that gives Israel the right to use military force in self-defense against non-state actors. It situates the conflict within ongoing legal and political debates, shows how this conflict fits into a changing global reality where the most dangerous security threats do not exclusively emanate from other states and concludes that Israel’s resort to force in the current conflict appears …


Us-Taiwan Relations And The Future Of The Liberal International Order, Christina Lai Mar 2024

Us-Taiwan Relations And The Future Of The Liberal International Order, Christina Lai

The US Army War College Quarterly: Parameters

Strengthening ties with Taiwan is the best chance the United States has to preserve the liberal international order in Asia and improve its security relative to China. This study offers a normative perspective on how Taiwan can contribute to US-led international institutions and the Asian regional order and reduce conflict risk. It concludes with recommendations for the United States and its partners to integrate Taiwan into multilateral institutions in Asia.


Future Foresight And Its Impact On The Application Of Iso 22301 Business Continuity Management System In The Commercial Banking Sector In Jordan, ثروت الحوامدة, حنان بو طه Mar 2024

Future Foresight And Its Impact On The Application Of Iso 22301 Business Continuity Management System In The Commercial Banking Sector In Jordan, ثروت الحوامدة, حنان بو طه

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

The study aimed to identifying the effect of future foresight in the application of the ISO 22301 standard for business continuity management system in the commercial banking sector in Jordan. Whose number is (400) employees, the study sample consisted of (196) employees, were randomly selected. The study followed the descriptive and analytical approach. The questionnaire was used as a tool for data collection. The results of the study showed that the relative importance of the future foresight was high, and the relative importance of applying the ISO 22301 standard for business continuity management system was high, as it came after …


Protecting The Rights Of The Researcher In E- Scientific Research, سهيل الفتلاوي Mar 2024

Protecting The Rights Of The Researcher In E- Scientific Research, سهيل الفتلاوي

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

Paperbacks industry has experienced great development industry through modern electronic means. When their reach this stage of development and the arrival of Paperbacks to the reader via computers, fired by the E-Research or electronic or digital library, which can be read via computer or tablet computer or mobile phone. Which became possible we can carry thousands of researchs in a small device and read researchs in a simple and easy access to information very quickly. And facilitate access to E-Researchs in an hour issued to the reader without the trouble, which spread the circle of human knowledge and scientific …


The Role Of Scientific Research In Predicting Crimes And Anticipating Their Future Sharjah Academy Of Police Sciences As A Model, محمد العثمني, عماد ربيع, عدنان الضمور, عبدالله اليحيائي, جمال الشحي Mar 2024

The Role Of Scientific Research In Predicting Crimes And Anticipating Their Future Sharjah Academy Of Police Sciences As A Model, محمد العثمني, عماد ربيع, عدنان الضمور, عبدالله اليحيائي, جمال الشحي

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

The study aimed to know the role of scientific research in predicting crimes and foreseeing their future - by reviewing the experience of the Academy of Police Sciences in Sharjah. And planning for it, and among the most prominent findings of the study: Forecasting crimes aims to study the events and issues that occurred in the past and occur in the present, with the aim of knowing the potential or expected indicators that are verifiable, if certain conditions are met. The success of the forecasting process depends on the accuracy of the available information. Analysing and choosing the appropriate model …