Law Commons^™

Stay Woke, Langston A. Williams

University of New Orleans Theses and Dissertations

Throughout the pages of my thesis, I comprehensively analyze the processes, intentions, and production of my thesis film Stay Woke. My examination will exhaustively probe every stage of the film from development to preproduction to production to postproduction and beyond. Individual aspects of this process including writing, casting, locations, production design, cinematography, directing, budgeting, scheduling, and postproduction workflows will be detailed. As I make elaborations in each section, I will explain my learning experiences from each day’s new tasks, challenges, and lessons. All of these things will be framed with regards to the overall goal and themes of the …

Urbanization, Land Rights And Development: A Case Study Of Waterfront Communities In Lagos, Nigeria., Gideon Olaniyi Omoniyi

Master's Theses

The aim of this study is to examine the root causes of forced evictions and displacement through the current urbanization process in Lagos, Nigeria. My particular attention is devoted to the legal complexities and how ethnolinguistic identities shape land laws, influence land tenure, and construct urban citizenship. Through this process, competing claims to land ownership provide fertile ground for forced evictions and displacement. Existing scholars suggest that poor urban residents lack rights to stay in their neighborhoods, while a powerful capitalist class has emerged and dispossessed the poor from their lands. Yet these existing approaches derived from the neoclassical and …

Is ‘Military Necessity’ Enough? Lincoln’S Conception Of Executive Power In Suspending Habeas Corpus In 1861, Evan Mclaughlin

Seton Hall University Dissertations and Theses (ETDs)

In May 1861, President Abraham Lincoln's decision to suspend habeas corpus in Baltimore following an attack on Federal troops as they marched through Baltimore on April 19th to answer Lincoln’s call to defend the Capitol. To complicate matters further, Congress was still in recess, so they could not legislate a solution to the growing insurgency. In order to check these actions, Abraham Lincoln authorized General Scott to suspend Habeas Corpus between Baltimore and Philadelphia. When John Merryman was arrested, detained, and denied habeas corpus, Chief Justice Roger B. Taney issued an in-chambers decision, Ex Parte Merryman, to voice his …

Lessons For Legalizing Love: A Case Study Of The Naz Foundation's Campaign To Decriminalize Homosexuality In India, Preston G. Johnson

Capstone Collection

In 1860, British colonizers codified Section 377 into the Indian Penal Code. 377 is an anti-sodomy law based on Victorian/Judeo-Christian values which criminalizes homosexuality through judicial interpretation and the manipulation of ambiguous language. On August 15^th, 2017, India celebrated 70 years of independence from British control, yet 377 still exerts oppressive control over the safety and freedom of Indian LGBTQI communities. Defining queerness as perversion has caused LGBTQI individuals to become victims of false accusations, blackmail, harassment, housing and workplace discrimination, familial rejection, forced “conversion therapy”, assault, rape, torture, and even murder because of this power imbalance and …

Toward A Legal Harm Principle: Constructing And Applying A Legal Principle From John Stuart Mill's General Harm Principle, Kathryn Alice Zawisza

Graduate Theses and Dissertations

My goal in this work is to outline a specifically legal harm principle that is derived from John Stuart Mill’s harm principle in On Liberty. I will do this by providing a close reading of On Liberty and comparing it to what he says in chapter V of Utilitarianism. I believe that these two works provide a foundation for a harm principle that defines the domain and limits of the law. While this goal is not new, I focus on Mill’s general harm principle and the two maxims that he believes make it up in order to construct a relatively …

Amplifying Lgbtqia+ Presence Through Queer Legal Worldmaking: The Role Of Affect In Renegotiating Value Hierarchies In Political Argument, Hilary Ann Rasmussen

Theses and Dissertations

In this dissertation, I propose to better explain the argumentative processes by which communities are constituted in political crisis moments and how, within those moments, social movement and legal rhetorics co-create the rhetorical possibilities for queer legal worldmaking. Specifically, I argue that affect functions as an important tool within argumentative loci of presence (magnitude, proximity, and severity) and is intimately connected to value-warrants in political argument. When the affective resonance of polices exclusive of LGBTQIA+ persons is made present, deeply held values can be reappropriated in order to enact political change. Queer legal worldmaking is less about the creation of …

The Legacy Of British Rule On Lgbt Rights In Jamaica And The Cayman Islands, Zachary Stewart

Master's Theses

This thesis explores the relationship between British colonial influence and Lesbian, Gay, Bisexual, and Transgender (LGBT) rights in the Caribbean. Comparing the Cayman Islands, a British Overseas Territory, and Jamaica, an independent former colony of the United Kingdom, the situation for LGBT people is evaluated. While Jamaica has serious abuses and a concerning situation for the human rights of LGBT people, the Cayman Islands’ LGBT community’s position is far less concerning. Owing to its continued connection to the United Kingdom of Great Britain and Northern Ireland, the Cayman Islands’ LGBT rights situation is much less dire. Through British influence via …

An Examination Of The Instruction Of Religion Clause Issues In Massachusetts Teacher Education Programs, Matthew E. Henry

Educational Studies Dissertations

The prevailing research, as well as reported complaints of academic, civic, personal, and social harm, indicates that public school teachers do not exhibit the professional knowledge, skills, and attitudes grounded in the religion clauses of the U.S. Constitution. This study investigated how TEPs in the Commonwealth of Massachusetts document their instruction of preservice teachers on religion clause issues as they apply to grade 6-12 content area pedagogy, curriculum, and professional ethos. The institutional documents presented to preservice teachers were collected from four teacher education programs in the Commonwealth. An evaluation tool— synthesized from the leading scholarship and research on the …

Escalating Language At Traffic Stops: Two Case Studies, Jamalieh Haley

Dissertations and Theses

In recent years, the public has seen a rise in recorded footage of violent encounters between police and Black American citizens, partially due to technology such as cell phones, dash-cameras, and body-cameras. This linguistic study examines how these encounters get escalated to the point of violence by asking 1) what kind of directives were used, 2) how were they responded to, 3) how the directives contributed to escalation, and 4) how might power and authority have played a role. I use two case studies to analyze directives and their responses. Findings reveal that repetition of directives on the part of …

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 …

The Politics Of Shorter Hours And Corporate-Centered Society: A History Of Work-Time Regulation In The United States And Japan, Keisuke Jinno

Dissertations, Theses, and Capstone Projects

Shorter working hours drew much attention as a means of fighting unemployment and crisis in capitalism during the first half of the twentieth century. Nowadays, shorter work-time is rarely considered a policy option to fix economic or social issues in the United States and Japan. This dissertation presents a history of work-time regulation in the United States and Japan to examine how and why its developments and stalemate took place.

In the big picture, developments of work-time regulation during the first half of the twentieth century were a part of concessional modifications of class relations, a common phenomenon in many …

Non/Disclosure: Documentation And Participant Observation As Hybrid, Nonfiction, Artistic Research Methodology For Ethnographic Media Production, Contemplative Discovery, Social Practice And Catharsis, Cyle P. O'Donnell

Electronic Theses and Dissertations

As if presaged by the physical, fine and philosophical arts that preceded it, the amelioration to the process of documenting the wonted human existence, political strife, and sundry cultural phenomena through the neo-normative medium of film (and eventually digital video) inaugurated the true scope and importance of anthropological research among a vastly wider audience who would use it, and its intrinsic capacity for the augmentation of artistic expression, to proliferate an expansive accompaniment to the field which would all become recognized platforms for demonstrative presentation of individual oeuvres.

Intermedia has worked in this way to amalgamate concepts like Futurism, Dadaism, …

La Vida Y Andanzas De Un Libro Antiguo En Nueva España Y La Península Ibérica. Cultura Escrita En La Obra Hierofánica Del Doctor Don Alonso Alberto De Velasco, Raul Manuel Lopez Bajonero

Electronic Thesis and Dissertation Repository

In 1688 a legal text, Renovación, was printed in Mexico City, the capital of the Viceroyalty of New Spain, that explains a twelve year trial that focuses on determining if a 16^th century sculpture miraculously renewed itself. The final decision came from the Archbishop of Mexico City. A year after the book’s publication, the sculpture was recognized as miraculous. In 1699, ten years after this event, the author of Renovación wrote another book that narrates the same sculpture's history, Exaltación, but addressed a wider audience, and from a religious and pious perspective. The Exaltación was republished a …

The Legacy Of Slavery And The Continued Marginalization Of Communities Of Color Within The Legal System, Julia N. Alvarez

Dissertations, Theses, and Capstone Projects

The aim of this thesis paper is to demonstrate how the history of slavery in the United States continues to marginalize communities of color. The history of slavery in America was the result of various factors. Some of these factors included but were not limited to; economic, legal, and social. Slavery provided a reliable and self-reproducing workforce. The laws enacted during slavery ensured the continuation of the social order of the time. This social order was based on the generalized understanding that blacks were born into servitude. Those born into slavery were not given the same legal or economic status …

Beyond Vulnerability: Refugee Women’S Leadership In Jordan, Widad Hassan

Dissertations, Theses, and Capstone Projects

While both men and women are affected by conflicts and humanitarian crises, 80 percent of the world’s refugees and internally displaced persons are women and children, indicating that women experience conflict and war differently. The emphasis on women’s vulnerability during conflicts and humanitarian crises leads to their exclusion from leadership roles and decision-making on humanitarian programs and issues that impact them. Though women experience numerous socio-cultural barriers to exercising leadership in humanitarian settings, they have taken on important roles in emergency response and in refugee camps. This paper traces the progress of UN and humanitarian agencies recognition and development of …

Spectral Bodies: Women's Resistance Across Time In North America, Whitney C. Evanson

Dissertations, Theses, and Capstone Projects

This project contrasts the lived experiences of feminists within the EZLN in Mexico with the historical persecution of community outsiders during the Salem witch trials. I want to explore the differences between a radical political and social movement (the EZLN), and the radical shift in history in which women were accused of witchcraft based on hysteria and rumors. There are parallels between the witch trials and the causes of the Zapatista movement in the ways that women's bodies were treated--their political usefulness to create fear and obedience from citizens by murdering them for their defiance, burying them in shallow graves. …

Living Within The Margins: The Constitutional Culture Of Irish Life Law And Literature, Meghan Keator

Honors Theses

Serving as a stepping stone to asserting independence from British authority and oppression, the Bunreacht Na hÉireann, Ireland’s modern constitution, allowed the nation and its people finally to shape themselves by their own legal standards, customs, and norms. Yet, after years of oppression from forced British standards, Ireland began the search for its own distinct voice as a newly liberated, competitive country. This thesis explores how the Irish Constitution contributes to shaping a homogenous society that promotes normative views and behaviors that damagingly marginalize minority groups–who differ from such social standards. By examining the specific language, diction, order and structure …

Paid Maternity Leave Legislation: Do Laws Mandating Paid Family Leave Impact Attitudes Towards Working Mothers?, Brianna Seid

Honors Theses

Prior research has shown that the availability of paid maternity leave for new mothers can influence a variety of factors such as women's mental health and life satisfaction long-term career outcomes and children's long run outcomes. However scholars have suggested that there is a backlash effect among certain groups of people when particularly strong advancements are made in areas of women's rights. Research also suggests that attitudes towards certain behavior are impacted by legislation that attempts to regulate such behavior. The current research assessed whether the implementation of paid family leave impacted attitudes towards mothers in the workforce. This study …

War's Children, Julie Niejadlik

Honors Theses

When one thinks of war, one does not often think of children. Images of Navy SEALS in camouflage tanks and the desert may come to mind when thinking of modern war. Those of Pearl Harbor, the Allied Forces, and Hitler may arise when thinking of war in a more historical sense. In the mind of the civilian children and the key role that they play in armed conflict rarely surfaces. In this thesis, I will address the function of children in war by arguing that their assumed innocence, as well as their assumed status as a "child" makes them easily …

When Personal Becomes Profitable: Data Collection And The Complex Link Between Corporate And Government Surveillance And The Risk To Civil Liberties, Justin Gump

Honors Theses

Personal data represents a commodity of increasing interest to both the United States government and large corporations. While their reasons differ, the two powerful entities have worked together to radically expand the domestic surveillance activities in the U.S. As the government surreptitiously expanded its domestic surveillance under the guise of its “war on terror,” it quickly realized that the advanced technology and access to personal data held by many large corporations presented a valuable source of surveillance information. These companies, in turn, similarly saw an opportunity for revenue in both the sale of the data and large governmental contracts to …

Tsirik - Fold The Leaves So That Others May Be Guided: A Study Of How The Bribri Women Are Preserving Their Culture To Ensure A Sustainable Future For Their Community, Emily R. Blau

Capstone Collection

Bananas are one of Costa Rica’s largest exports, along with coffee, palm oil, and cocoa. The banana plantations are large-scale, are most often run by multinational companies, and are considered to be run as enclave economies (Equal Exchange, 2016). This monoculture crop production has been globally accused of human rights abuses said to include, but not be limited to, violating the rights of indigenous people and loss in culture and tradition. For this paper, I studied the effects that large-scale agricultural corporations have on the BriBri, a matriarchal and indigenous group who live on the Caribbean coast of Costa Rica. …

More Women In Parliament: Advocacy Lessons Learned From The Georgian Women’S Task Force On Political Participation, Emma Shattuck

Capstone Collection

Emma Shattuck – PIM 75

MORE WOMEN IN PARLIAMENT: ADVOCACY LESSONS LEARNED

FROM THE GEORGIAN WOMEN’S TASK FORCE ON POLITICAL PARTICIPATION

May 2017

This Policy Advocacy Course-Linked Capstone is a case study of an on-going advocacy campaign to increase women’s political participation in the Republic of Georgia’s Parliament. It tells the story of a dedicated group of advocates who are determined to help Georgian women’s voices be heard in a primarily male-dominated political context. Drawing on my personal experience living and working in Tbilisi, Georgia, and based on comprehensive key informant interviews with leaders of the campaign, I analyze the …

Is Restorative Justice Doing Enough To Address The Power Imbalances Caused By Systems Of Privilege And Oppression, Matthew Furnell

Capstone Collection

Restorative justice is an ever growing philosophy which is causing a paradigm shift in the way society understands and responds to crime, punishment and victimization. The State of Vermont has become a pioneer and an example of how to implement restorative practices into the official criminal justice system, developing an alternative process to traditional punitive approaches. However, it is now more important than ever to ensure that there is not a false sense of success or a level of complacency in the further development of restorative practices. It is time to critically analyse the current restorative process and explore the …

Assessing The Influence Of Career-Linked Experiential Opportunities On The F-1 Undergraduate Student Enrollment Decision-Making Process, Harrison Fuerst

Capstone Collection

International mobility efforts in the United States have garnered increased attention and funding in recent years, with such government-led initiatives as Generation Study Abroad and 100,000 Strong driving up inbound and outbound student numbers. Recent inbound mobility reports from the Institute of International Education show double-digit percentage increases in international student enrollment. Other countries also experiencing an influx of international students continue to research these trends to shape their own education strategies. Research conducted by the International Education Association of Australia points specifically to hands-on professional experience and enhanced employability as key factors important to Australia’s international student population. As …

Theory For A Starving Obese, Ishai Shapira Kalter

Theses and Dissertations

Theory for a Starving Obese (2017) is both a book and an installation. During the years 2015-2017 I began writing Theory for a Starving Obese; a collection of essays and art criticism about exhibitions that took place in white cubes in New York. I was following my dissatisfaction, and hoped to delve deeper into the question “What is Contemporary Art?” At the end of a process, I sent seventeen envelopes to artists who exhibited solo shows in New York and whose works I have criticized. Each envelope consists of one digital drawing (שרבוט, pronounced Shirbut), DVD with the …

Enclave Of Ingenuity: The Plan And Promise Of The Beijing Intellectual Property Court, Max Goldberg

Student Work

A 2016-2017 William Prize for best essay in East Asian Studies was awarded to Max Goldberg (Pierson College '17) for his essay submitted to the Ethics, Politics, & Economics Program, "Enclave of Ingenuity: The Plan and Promise of the Beijing Intellectual Property Court.” (Frances Rosenbluth, Damon Wells Professor of Political Science, and Paul Gewirtz, Potter Stewart Professor of Law, advisors.)

Max Goldberg’s thesis, Enclave of Ingenuity: The Plan and Promise of the Beijing Intellectual Property Court, examines in depth one of the most interesting institutions in today’s China – an experimental court that stands at the intersection of …

"Y'All And All These Assessments Is A Little Bit Too Much" : The Effects Of High-Stakes Testing On Critical Literacy Pedagogy., Diana Lalata

College of Arts & Sciences Senior Honors Theses

As the United States of America becomes increasingly diverse, there is a need for teachers to embrace multiculturalism within the classroom. Shifting away from the traditional “banking model” of teaching, educational researchers call for a more critical approach—one in which teachers and students challenge dominant beliefs and practices of education. Foregrounded in those aims of cultural competence and critical consciousness, “critical literacy pedagogy” addresses the politicization of literacy education and employs conscious curriculum and teaching strategies to empower marginalized voices. Although a number of case studies on critical literacy pedagogy show considerable promise in disrupting dominant discourse and developing cultural …

Making Sex Work For The State : The Policing Of Sex Work In The United States., Madeline A Clabough

College of Arts & Sciences Senior Honors Theses

This thesis analyzes the ways that sex work is regulated within the United States, and analyze the ways that regulation is shaped by contemporary feminist discourse. To do so, it analyzes the ways in which sex workers have been and pathologized since the 19th century, and address the ways that these conceptualizations have been incorporated into the legal regulation of sex workers. Finally, this thesis will look to contemporary practices in the state regulation of sex workers, and argue that the relationship between neoliberalism, the carceral state, and what has come to be termed “carceral feminism” operate in conjunction to …

Atole De Maíz Azul: Building Climate-Change Resilience With Local Knowledge/Food Sovereignty In Northern New Mexico, Katherine C.R. Dixon

International Development, Community and Environment (IDCE)

The impacts of climate change in Northern New Mexico will cause a variation in seasonal precipitation and increased drought conditions. Northern New Mexico is home to numerous indigenous and rural-agricultural communities who rely on these water resources for subsistence and cultural practices. They are among the most vulnerable to the impacts of climate change.

This paper investigates the impacts of climate change to Northern New Mexico. It examines the role of participatory methods and local knowledge in building community resilience. This paper is informed primarily through secondary research, and also draws upon a series of personalized interviews from Northern New …

The Plight Of Undocumented Female Migrants: Identifying Structural Factors That Contribute To The Proliferation Of Sex Trafficking And The Failings Of International Law, Hannah K. Valles

Arts and Sciences Dean's Office Undergraduate Honors Theses

The aim of this thesis is to investigate the conditions at two specific border zones, the United States-Mexico border and the Mexico-Guatemalan border, that render undocumented female migrants vulnerable to abduction or recruitment into sexual exploitation. In addition to exploring the factors that expose women to trafficking networks, the study scrutinizes the legal failings of the international law-making community with regards to the safeguarding of women whose socio-economic conditions and environment of perpetual violence prompt their extralegal international movement. The paper provides an overview of the social, economic, and historical factors that underpin the flourishing of sex trafficking operations in …