Law Commons^™

Law's Legitimacy: Lon Fuller In A Consequentialist Frame, Daniel L. Feldman

Dissertations, Theses, and Capstone Projects

This thesis argues that Lon Fuller’s approach to jurisprudence offers more important support to the rule of law than has been generally recognized. It argues further that a consequentialist lens allows clearer views of Fuller’s strengths in this regard, despite Fuller’s own resistance to consequentialism and despite consequentialism’s blindness to some of Fuller’s depth and texture. This thesis supplies a formula, although one intended only as a guide to thinking, not for actual computation, to drive judicial decision-making. The inputs into this formula are six values widely shared in the United States, modified by case-by-case salience. Kantian deontology strongly influences …

Containerization Of Seafarers In The International Shipping Industry: Contemporary Seamanship, Maritime Social Infrastructures, And Mobility Politics Of Global Logistics, Liang Wu

Dissertations, Theses, and Capstone Projects

This dissertation discusses the mobility politics of container shipping and argues that technological development, political-economic order, and social infrastructure co-produce one another. Containerization, the use of standardized containers to carry cargo across modes of transportation that is said to have revolutionized and globalized international trade since the late 1950s, has served to expand and extend the power of international coalitions of states and corporations to control the movements of commodities (shipments) and labor (seafarers). The advent and development of containerization was driven by a sociotechnical imaginary and international social contract of seamless shipping and cargo flows. In practice, this liberal, …

Collect Cosmic Dust, Make It Into Bright Stars: The Use Of Temporal Data In Regeneration Of Life Space And Time Via A Construction Of The Political-Sociological Theory Of Justice, Yi Wang

Dissertations, Theses, and Capstone Projects

This thesis argues for an argument-counterargument approach to the atypical classics of Franz Kafka and Emily Dickinson. This approach to the literature is useful for a construction of the political-sociological theory of justice, which claims that the state of a just world is each individual’s lifetime moving in a dialectic-of-anti-violence-and-non-violence manner.

Politics Of Refusal: Justice And Liberation For Black Trans Lives, Quincy Smith

Dissertations, Theses, and Capstone Projects

This thesis investigates the challenges faced by Black trans people. In this thesis, I will explore how protest is used to highlight and confront the obstacles faced by the Black trans community. I will also examine the cultural work of Black trans people and what they teach us. The Brooklyn Liberation march and the TV show Pose is an important part of Black trans legacy. They both look at the complications surrounding Black trans lives and contributes to Black trans representation in protesting and fighting marginalization. This thesis will argue the importance of allyship to create safe space for Black …

Entextualización Del Discurso Político En Colombia. Análisis Glotopolítico Del Proceso De Escritura De La Constitución De 1991, Jorge Luis Alvis-Castro

Dissertations, Theses, and Capstone Projects

Although constitutions are part of the canon of disciplinary writings, along with grammar books and etiquette manuals, and are also central texts in the processes of formation and consolidation of Latin American nation-states, to date, they have not been sufficiently explored in their social and linguistic processes of discursive elaboration. With a glottopolitical approach, this research examines the social, communicative and ideological components involved in the writing process of the Colombian Constitution of 1991, developed in a context of State crisis and violence aggravated by narco-terrorist attacks. Using the concept of entextualization, which refers to the process of extracting discourse …

Higher Law And Lincoln's Antislavery Constitutionalism: What It Means To Say The Civil War Was Fought Over Slavery, Joel A. Rogers

Dissertations, Theses, and Capstone Projects

The US Civil War was fought over slavery. But what do we really mean when we say that? This paper examines that question, first by exploring the idea of “higher law,” which gained tremendous traction in American society starting around 1850. Proponents of the idea claimed that laws such as the Fugitive Slave Act are immoral; that the immorality of such laws is self-evident, and that such immoral laws should be resisted—sometimes even with violence. Meanwhile, opponents of the idea of higher law were not necessarily in favor of slavery, but they opposed the use of extra-Constitutional means to bring …

Operation Lone Star: The Spectacle Of Immigration Federalism, Danielle Puretz

Dissertations, Theses, and Capstone Projects

Texas Governor Greg Abbott launched Operation Lone Star in March 2021 to respond to the “crisis” at the United States/Mexico border. While in the US immigration is usually thought of as a federal responsibility, different states have worked to expand their capacity to welcome or exclude immigrants. Operation Lone Star is an example of how one state is working to restrict immigration to the US and build notoriety for its republican governor. Drawing on press releases, executive orders, news articles, opinion pieces, and other sources I highlight the performative politics within this initiative. Operation Lone Star is an example of …

The Problem Of Blackness In America: Becoming When The Being Never Comes To Be, Nkiru Anyaegbunam

Dissertations, Theses, and Capstone Projects

The problem of Blackness in America is a consequence of the historical reality and continued legacies of colonialism, the triangular trade and chattel slavery that have been facilitated through violence and capitalism. This thesis will argue that this problem that is pronounced through racialized institutional systems of violence such as mass incarceration and housing inequality, which disproportionately negatively impacts Black Americans is part of a larger discourse on the human and (mis)recognition. This violence has created a quintessential incompleteness for Black Americans who neither are recognized as citizens nor human. The problem of Blackness will be continuously grounded in this …

Control, Allegiance, And Shame In Male Qing Dynasty Hairstyles, Carolle Pinkerton

Dissertations, Theses, and Capstone Projects

This thesis is about the politicization of hairstyles in imperial China. They indicated conformity with social norms, or rebellion against them. This was especially true under the country’s last dynasty. The Manchu conquerors imposed their own hairstyle, the queue, on their Han Chinese subjects to make their rule palpable to China’s illiterate millions. “Hair martyrs” who refused to accept this “barbarous” hairstyle were ruthlessly eliminated. The Manchus had feared assimilation into the much larger Han population. But the introduction of one uniform male hair style for both Manchus and Han blurred the lines between the two groups. In this way …

Immigration Lawmaking, 1950–1986: Cold War Politics And Double-Edged Reforms, Benjamin Becker

Dissertations, Theses, and Capstone Projects

The dissertation is a study of immigration lawmaking in the Cold War period. It explores how the gap emerged between the law and the social reality of immigration, and how lawmakers politically and institutionally “resolved” these contradictions under the competing pressures of foreign policy, shifting Congressional alignments, an unstable economy and the reigning political idiom of non-discrimination.

The constant efforts to reformulate immigration policy from 1952 to 1990 were produced by the struggle between competing economic and political blocs in a context largely insulated from public opinion, where Cold War foreign policy demands set the boundaries of acceptable discourse and …

Dramaturgies Of Intellectual Property Law In Read-Write Theatre, Andrew Kircher

Dissertations, Theses, and Capstone Projects

Digital and networked technologies have intensified our relationship to knowledge: all the world’s information and creativity are so immediately and personally accessible that they become embodied. Into this moment, a new theatrical practice has emerged, what I identify as Read-Write Theatre (after Lawrence Lessig). In Read-Write cultural production, artists sample and speak through the full spectrum of disembodied data that is the internet—text, video, audio, and images. The artists I include in this critical category are marked by their posthuman relationship to knowledge and, most importantly, the ways that their theatrical work confounds contemporary intellectual property law.

In this dissertation, …

Legal Purgatory: Why Some Animals Are Neither Persons Nor Property, Sharisse Kanet

Dissertations, Theses, and Capstone Projects

All animals with non-borderline sentience are deserving of certain legal considerations independent of their use and relationship to human beings. That is, all sentient beings should have some rights. Given the current organization of the U.S. legal system, which divides all entities into property or persons, it is not surprising that animals are relegated to property status. I put forth a proposal to fix this whose central suggestion is that we create a third legal designation, legal patient, into which all non-person sentient animals (those which do not properly belong on either current category) would fit. These animals would receive …

Wrongful Conviction Documentaries: Influences Of Crime Media Exposure On Mock Juror Decision-Making, Patricia Y. Sanchez

Dissertations, Theses, and Capstone Projects

Psychology and law researchers have urged colleagues to collaborate with the makers of popular media, such as documentary filmmakers, in efforts to educate the general public about wrongful convictions (Kassin, 2017; Wells et al., 2000). Recently, programs depicting wrongful convictions, such as Making a Murderer (Demos & Ricciardi, 2015) and When They See Us (DuVernay, 2019) have garnered substantial viewership. Research on general and case-specific pretrial publicity (Daftary-Kapur et al., 2014; Kovera, 2002) and the effects of crime media (Baskin & Sommers, 2010; Schweitzer & Saks, 2007) demonstrate that although consuming crime-related media and being exposed to information about a …

Maryland’S Historically Black Institutions: In Pursuit Of Equity In Higher Education, Maureen Samedy-Cooke

Dissertations, Theses, and Capstone Projects

In 2013, a federal judge in the U.S. District Court of Maryland ruled in The Coalition for Equity and Excellence in Maryland Higher Education et al. v. Maryland Higher Education Commission et al., that through the practice of offering duplicative academic programs at Maryland’s Historically Black Institutions (HBIs) and their Traditionally White Institutions (TWIs), Maryland has practices in place that perpetuate a segregated higher education system, a violation of the United States Constitution and the Civil Rights Act of 1964. This dissertation examines the effect of duplicative academic programs on racial enrollment in Maryland’s Historically Black Institutions. The study draws …

The Guinea-Bissau Constitutional Reform Debate, Watson Aila Gomes

Dissertations, Theses, and Capstone Projects

The enactment of law is not to be confused with the rule of law, and simply having a constitution does not guarantee political order. In Guinea-Bissau there have been calls to write a new constitution, but whether that helps Guinea-Bissau become a more stable country is questionable. Currently, there is a gap in the research of social science, history and political science examining how the processes of instability have unfolded in Guinea-Bissau. Few studies attempt to examine the correlation between a country’s stability and its constitution. A paradoxical situation exists in many countries in Africa where the political system is …

Controlled Observation: The Challenges Of Therapy For The Mentally Ill Incarcerated Population, Esther Tingué

Dissertations, Theses, and Capstone Projects

Popular perception and objective of incarceration is confinement, brutality and in some cases inhumane conditions. But what about the incarcerated population who suffer from the additional burden of mental illness? How does confinement affect mentally ill inmates? This capstone project asks: (1) how do individuals/organizations provide rehabilitative services in this evolved culture of crime and punishment? And (2) how is therapy provided in a restricted environment? I examine these questions from the perspective of the therapist, the person who (in a restricted environment) takes on the responsibility of treating and managing the effects of mental illness for this population.

In Search Of Trojan Horses: The United Nations Culture War, Patricia Ackerman

Dissertations, Theses, and Capstone Projects

This dissertation examines the expanding influence of the religious Right at the UN, building on extant scholarship on the role of the culture war at the UN. This scholarship has tracked the increasing presence of the religious Right following the Beijing World Conference on Women and the Cairo Conference of Population and Development. Since that time, there has been a systematic and strategic movement against LGBT human rights and sexual and reproductive health and rights. The religious Right influence UN discourse, documents, and global policy in favor of their agenda. This conflict manifests in a frenzied media and policy battle …

Social Contract Theory And Transitional Justice: A Philosophical Approach To A Problem Of Global Importance, Brendan Moriarty

Dissertations, Theses, and Capstone Projects

In this thesis, I seek to bring together two areas of scholarly work to see how each can inform the other: social contract theory and transitional justice. The social contract, as it exists and as it was theorized about by Rousseau, was born from the world-historic forces that spread capitalism across the globe, stirring up nationalism everywhere it went. In its wake, there was vast inequality and new legal regimes which protected the hoarded wealth of the capitalist class by enshrining the right of private property along with life and liberty. To examine the intricacies of transitional justice and its …

Production, Not Dependence: The Metaphysics Of Causation And Its Role In Explanation, Responsibility, And The Law, Yuval Abrams

Dissertations, Theses, and Capstone Projects

Causation is production, not dependence. It is not merely a matter of how two facts or events covary, but about what underlies that covariation. Furthermore, causation is unified (not fragmented or plural) and is a natural relation (in the world). To cause is to make something happen, to generate. The causal nexus (the web of causal influence) consists entirely of productive positive causes. With these fixed, the (causal) dependence relations are determined.

Dependence belongs to the theory of explanation. Causal dependence is an explanatory notion: A causally explains B, in virtue of a causal relation between cause C and effect …

El Caso De Mateo Alemán: La Interaccion Entre El Derecho Y La Literatura En El Informe De La Mina De Mercurio De Almaden Y El Guzman De Alfarache, Cristina Morales Segura

Dissertations, Theses, and Capstone Projects

In 1593, the Judge Mateo Alemán was in charge of inspecting the quicksilver mines of Almadén in Spain to report on the situation of its workers, prisoners of the Crown, and galley men forced to work in the mercury exploitation. After one month of work, the assignment was cancelled, Alemán was forced to retire from his research, and his work was lost in the archives of the Habsburgs. A few years later, in 1598, Alemán published his famous best seller, El Guzmán de Alfarache.

Alemán’s legal Report, finally found and published in 1966 by Germán Bleiberg, is a narrative text …

Contested Development: A Poor People's Movement For A Better Los Angeles, 1960–2018, Deshonay R. Dozier

Dissertations, Theses, and Capstone Projects

Zooming in on the historical development of Downtown Los Angeles’s (LA) Skid Row, this dissertation traces a continuity of abolitionist alternatives made by homeless and poor Angelinos from the 1960s to our present day. Skid Row is an important entry way into Los Angeles urban politics, particularly with respect to how forms of difference, at the axis of race, gender, class, and ability shape regional relations of property and the built environment. I show how these relations shape Downtown Los Angeles’s geography through carceral practices. These carceral practices, made by social services and policing, shape space by routinely containing and …

Cosmopolitan Democracy: Re-Evaluation Of Globalization And World Economic System, Muhammad Dalhatu

Dissertations, Theses, and Capstone Projects

This thesis examines cosmopolitan democracy theory as a method of addressing the problems of globalization. I begin by introducing the concept of “cosmopolitan democracy.” I then proceed to discuss contemporary political climate and its relation to critiques of globalization. Finally, I conclude by examining the elaborations of cosmopolitan democracy by various theorists as a way of addressing these problems. Chapter 1 introduces the work of David Held who introduced the concept in his book, Cosmopolitan Democracy and the Global Order: Reflections on the 20^th Anniversary of Kant’s “Perpetual Peace.” Cosmopolitan democracy refers to global governance through democratic theory. Held …

Cultural Heritage Preservation In The Context Of Climate Change Adaptation Or Relocation: Barbuda As A Case Study, Martha B. Lerski

Dissertations, Theses, and Capstone Projects

This case study introduces an arts camp methodology of engaging communities in identifying their key cultural heritage features, thus serving as a meta study. It presents original research based on field studies on the climate-vulnerable Caribbean island of Barbuda during 2017 and 2018. Its Valued Cultural Elements survey, enabling precise identification of key tangible and intangible art forms and biocultural practices, may serve as a basis for further studies. Such approaches may facilitate future research or planning as climate-vulnerable communities harness Local or Indigenous Knowledge for purposes of biocultural heritage preservation, or towards adaptation or relocation. I report on findings …

Internal Displacement In The United States: A Result Of Climate Change And U.S. Policy, Ahmad T. Diop

Dissertations, Theses, and Capstone Projects

Abstract

Internal Displacement in the United States: A Result of Climate Change and U.S. Policy by

Ahmad Tidjany Diop

Advisor: Karen Miller

This thesis will focus on arguments for an open border. I demonstrate that open borders are necessary because land is scarce. I focus on the United States, which is currently dealing with internal displacement due to climate change. The moral, human rights, and political claims I will make open borders are reasonable because climate change will make certain parts of the world uninhabitable.

When I say internal displacement I am referring to those displaced in the United States …

The Post-9/11 Lgbtq Human Rights Struggle In Egypt, Donna K. Huaman

Dissertations, Theses, and Capstone Projects

Since the turn of the twenty-first century, the struggle for LGBTQ human rights has become a leading standard that depicts whether or not a state can be considered modern and progressive. Yet, while this new criterion seems to be supported by Global North states, other nations in other regions, like Egypt from the Middle East, North Africa (MENA) has criticized the international pressure to implement this standard as neo-imperialist and inauthentic to its Muslim-Arab culture. Egypt claims to be the universal Arab-Muslim voice for the MENA region and has become one of the greatest challengers to the international campaign for …

Feeling As Knowing: Trans Phenomenology And Epistemic Justice, B. Lee Aultman

Dissertations, Theses, and Capstone Projects

This dissertation is a critical intervention into the literatures on epistemic and phenomenological claims about trans experiences, and embodied knowledge more generally. It also addresses the conception of ordinary affects, or feelings of self-adjustment in everyday life, and their political implications for trans people. Traditional literatures on the political tend to avoid questions of embodiment and the experiences of everyday life in favor of institutional interpretations of courts, elections, and protest movements. This has become particularly true of scholarship on trans politics and theories of ordinary life. These literatures often reduce political movements to their presumed universal intentions for constitutional …

Suing For Spanish: Puerto Ricans, Bilingual Voting, And Legal Activism In The 1970s, Ariel Arnau

Dissertations, Theses, and Capstone Projects

This dissertation examines how the legal activism of a Puerto Rican group of activist-lawyers and community members contributed to the reshaping of voting law and language policy during the 1970s. The Puerto Rican Legal Defense and Education Fund (PRLDEF) coordinated a series of lawsuits in Chicago, New York City, and Philadelphia during the early 1970s. The decisions in these lawsuits provided the legal framework to rewrite federal voting rights law during the Voting Rights Act (VRA) reauthorization hearings in 1975. These cases resulted in vastly expanded opportunity to vote for all language minorities in the United States. These civil rights …

The Unsuspected Francis Lieber, Richard Salomon

Dissertations, Theses, and Capstone Projects

"The Unsuspected Francis Lieber" examines paradoxes in the life and work of Francis Lieber. Lieber is best known as the author of the 1863 "Lieber Code," the War Department's General Order No. 100. It was the first modern statement of the law of armed conflict. This paper questions whether the Lieber Code was truly humanitarian, especially in view of its valorization of military necessity. Also reviewed is the contrast between the Code's extraordinarily favorable treatment of African-Americans and Lieber's personal history of slave-holding.

Lieber's shift from civil libertarian to authoritarian after 1857, as exemplified by his support of Lincoln's suspension …

Conditions Of Personhood And Property, Zachary James Acree

Dissertations, Theses, and Capstone Projects

This paper seeks to demonstrate that a more robust understanding of personhood both reveals flaws in the underlying assumptions of modern property law, and orients that law to a more just application. To do this, the law needs not only a better definition of what persons are, but also a better understanding of how persons function in their society. First, in order to provide some context to the issues at stake, there is a brief historical introduction to some of the problems that personhood inquiries have faced. After the introduction, this paper is divided into four sections. Part I summarizes …

Liberal Translations: Secular Concepts, Law, And Religion In Colonial Egypt, Jeffrey Culang

Dissertations, Theses, and Capstone Projects

This dissertation is a conceptual history of Egypt’s national formation between the 1880s and the 1930s. This period involved the convergence of nationalism, colonial rule, missionary activity, and new modes of governance at the national and international levels. Drawing on state and missionary archival material, periodicals, legal compendia, laws, and parliamentary transcripts, and adapting methods developed by Reinhart Koselleck, I trace shifts within Egypt’s socio-political lexicon through processes of translation and demonstrate their effects upon social experience and political aspiration. I focus on a set of liberal-secular concepts critical to national politics—religious freedom, public interest, nationality, and the minority—as they …