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

Law Commons

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

Arts and Humanities

2022

Institution
Keyword
Publication
Publication Type

Articles 1 - 30 of 977

Full-Text Articles in Law

Central Americans At A Crossroads: Asylum Seekers’ Testimonios Of Mental Health After Detention And Family Separation, Corie E. Schwabenland Garcia Dec 2022

Central Americans At A Crossroads: Asylum Seekers’ Testimonios Of Mental Health After Detention And Family Separation, Corie E. Schwabenland Garcia

Master's Theses

Though Central American asylum seekers are presently hypervisible in the U.S. consciousness, this population continues to be inadequately understood or cared for. Discussion of this population often presents them as a helpless and damaged population, in need of saving, fixing, or shelter -- beyond their trauma, they cease to exist. This qualitative study utilizes first-person testimonio methodology to understand the psychological experiences of Central American migrants seeking asylum in the United States, the stressors they face, and the mental health support that can and should be provided to them. Their stories speak to a space of sociopolitical precarity in the …


The Made And The Made-Up, Steven L. Winter Walter S. Gibbs Distinguished Professor Of Constitutional Law Dec 2022

The Made And The Made-Up, Steven L. Winter Walter S. Gibbs Distinguished Professor Of Constitutional Law

Law Faculty Research Publications

Truth is an ethical relation. Facts, whether descriptions of the physical world or of historical events, are necessarily mediated by our frames of reference. This contingency opens a space for disagreement that cannot be adjudicated by an absolute standard of truth. For those seeking power or profit, the temptation to exploit this state of undecidability is strong. When many question the institutions that broker meaning – science, the professions, the media – rumors, misinformation, deliberate distortions and falsehoods all proliferate. In the digital age, the ‘made’ is swiftly supplanted by the made-up. The remedy for this predicament is not technological …


The Williams Way: Why Roger Williams’ Philosophy Of Religious Liberty Remains Imperative Today, Michael Zigarelli Dec 2022

The Williams Way: Why Roger Williams’ Philosophy Of Religious Liberty Remains Imperative Today, Michael Zigarelli

Eleutheria: John W. Rawlings School of Divinity Academic Journal

To travel the road of religious freedom, a society requires firm guardrails. To the left of the road looms the cliff of “state suppression of religion.” To the right looms the cliff of “state establishment of religion.” During the life of Roger Williams (1603?-1683), the problem in the American colonies was the latter, the inextricable entanglement of religion and civil authority. Known as “The New England Way” in Williams’ colony of Massachusetts Bay, its main tenet of governance was that social stability required religious uniformity. Williams could not disagree more, embarking on a life’s mission to proclaim that government possesses …


A Guide For Our Times: Herbert Hoover's Critique Of Supreme Court Expansion, Matthew Chopp Dec 2022

A Guide For Our Times: Herbert Hoover's Critique Of Supreme Court Expansion, Matthew Chopp

Compass: An Undergraduate Journal of American Political Ideas

Former President Herbert Hoover’s critiques of FDR’s plan to expand the Supreme Court are useful for defending against contemporary calls to enlarge the composition of the Court, such as the Judiciary Act of 2021.


Liberating The Truth In Augustine’S Confessions And Douglass’ Narrative, Vincent Hanrahan Dec 2022

Liberating The Truth In Augustine’S Confessions And Douglass’ Narrative, Vincent Hanrahan

Compass: An Undergraduate Journal of American Political Ideas

In this paper, I explore how Frederick Douglass’ and St. Augustine's understanding of the corruption of God's word produced their respective achievement of freedom. In examining Augustine’s Confessions and Douglass’ Narrative, we come to understand the moral imperative of public service both thinkers promoted; the idea that individuals have a distinct social obligation to share their knowledge in a promotion of the greater good.


Doctoral Studies As Learning To Rename The World, Hyleen Mariaye Dec 2022

Doctoral Studies As Learning To Rename The World, Hyleen Mariaye

Journal of Multicultural Affairs

The reflective experience documented in this paper engages with doctoral learning from Freire’s (1968/2000) conceptual lens of naming the world. Written from the narrative lens of the supervisor, it considers how doctoral level studies in education can position both the supervisor and the candidates as agents actively reconstructing their understanding of the world and their place in it. The doctoral journey is viewed as praxis compelling researchers to expand their frames for reading the world, accommodating the other, including multiple voices and thus demonstrating commitment to a global and yet constantly contested notion of citizenship.


Poetry And Praxis: Lessons From An Activist Educator, Dr. Emmanuel Tabi Dec 2022

Poetry And Praxis: Lessons From An Activist Educator, Dr. Emmanuel Tabi

Journal of Multicultural Affairs

Drawing on data from a narrative multi-case study based in Toronto, Canada, this article discusses the lived experiences of one Black activist. Utilizing critical race theory, new literacy studies and the rhetoric of cultural production as theoretical frameworks, the article foregrounds the work of Ebele, a Toronto activist whose work supported the educational trajectories and emotional well-being of Black students, many of whom reported being marginalized in school. Through his creative labor, Ebele directly addressed the sociology of anti-Black racism that deeply influences the lives of Afrodiasporic people in Canada. This article continues the conversation about what it means to …


Fighting For The Right To Dance In Nyc’S Public Parks, Caithlin Peña Dec 2022

Fighting For The Right To Dance In Nyc’S Public Parks, Caithlin Peña

Capstones

Kanami Kusajima is an ink dancer and street performer who dances and creates art at Washington Square Park. She’s also been clashing with the Park Enforcement Patrol officers, who patrol the area. Her attempts to create a safer space for her fellow performers brings to light the complicated rules and regulations as well as the obstacles street performers face on the daily. Link to capstone project: https://medium.com/@caithlin.pena53/fighting-for-the-right-to-dance-in-nycs-public-parks-2cab922d1a1c


Recommendations For Sustainable Tourism In Patagonia: An Exploratory Analysis Of Sustainable Tourism In Costa Rica, The Nordic Region, And Thailand’S Communities, Julia K. Lowery Dec 2022

Recommendations For Sustainable Tourism In Patagonia: An Exploratory Analysis Of Sustainable Tourism In Costa Rica, The Nordic Region, And Thailand’S Communities, Julia K. Lowery

Undergraduate Honors Theses

This thesis explores different levels of governance and its role towards actualizing sustainable tourism in Patagonia. With the growing threat of climate change, international destinations such as Patagonia are looking to continue building their tourism industries in a sustainable way. Through analyzing case studies of national governance in Costa Rica, multi-national governance in the Nordic region, and community-based tourism in Thailand, we can better understand how each form of governance has the potential to create a sustainable tourism industry. With this understanding of successful governance in my case studies, as well as understanding the historical and political forces that have …


Potential Risks Inherent In Robotic Process Automation, Colin L. Robinson, David Y. Chan Dec 2022

Potential Risks Inherent In Robotic Process Automation, Colin L. Robinson, David Y. Chan

Journal of Vincentian Social Action

Robotic process automation (RPA) uses automation technologies to perform tasks typically performed by humans. Although such technology has been instrumental in expediting business operations and lowering costs, it has also created several risks that warrant scrutiny. When discussing the drawbacks of automation, many will point to the number of jobs lost to the influx of automation. However, there are technology risks that organizations must consider such as fraud and cybersecurity. Fraudsters may utilize RPA to commit more novel and subtle technological and cyber security fraud. Organizations may implement internal control measures to prevent or mitigate such schemes, segregation of duties, …


Consumer Boycotts In The Time Of War Crisis: An Efficient Citizenship Strategy Or A Temporary Spurt Of Solidarity, Jolanta Zralek Dec 2022

Consumer Boycotts In The Time Of War Crisis: An Efficient Citizenship Strategy Or A Temporary Spurt Of Solidarity, Jolanta Zralek

Journal of Vincentian Social Action

By drawing from the theory of consumer citizenship, collective activism, and consumer boycotts, this article strives to understand the nature of the current calls for consumer resistance and the following consumers’ actions that resulted from the Russian invasion of Ukraine. In particular, by utilizing Friedman’s (1991) taxonomy of boycotts, we aimed to identify the character, motives, and tools of ongoing boycotts and thus estimated their actual and probable effectiveness. The main research questions in this paper concern what type of consumer boycotts we currently observe, what the aims and motives are of current boycotting, and whether the noticed boycotting attempts …


Leveraging Next-Gen Technology For Supply Chain Security, Thomas Drape, Reginald P. Parker Dec 2022

Leveraging Next-Gen Technology For Supply Chain Security, Thomas Drape, Reginald P. Parker

Journal of Vincentian Social Action

Global supply chain disruptions continue as part of both a national and global discussion. There is a need for a greater focus on supply chain security as part of this discussion as there is an increasing amount of counterfeit parts and goods within global supply chains. While counterfeit activity is an economic burden to companies and the global market, there are also legitimate concerns on consumer safety, consumer trust and company brand management.

The aim for this paper is to identify the concern and extent of the counterfeit problem and identify the use of next-gen technologies to provide brand protection …


Sustainability Across The Supply Chain: A Case Study In The Automotive Industry, Jane Siegler, Angelyn Bidlack, Sarah Harrison Dec 2022

Sustainability Across The Supply Chain: A Case Study In The Automotive Industry, Jane Siegler, Angelyn Bidlack, Sarah Harrison

Journal of Vincentian Social Action

The United Nations Sustainable Development Goals have been widely adopted and implemented by organizations worldwide. However, with 17 goals and 169 targets, the decision on what to focus on and invest in are not trivial tasks. This research focuses on a major Tier-1 automotive supplier, here identified as CMF. With annual sales of 16 billion euros (2021), one in every three vehicles in the world is equipped with some form of CMF technology. The objective of this research was to evaluate CMF’s value chain and understand the challenges and opportunities related to the United Nations 17 Sustainability Development Goals (SDGs). …


Covid-19 And Culture: Individualism Versus Collectivism, Short-Term Versus Long-Term Orientation, And Indulgence Versus Restraint, Charles Lanier, Navpreet Pooni Dec 2022

Covid-19 And Culture: Individualism Versus Collectivism, Short-Term Versus Long-Term Orientation, And Indulgence Versus Restraint, Charles Lanier, Navpreet Pooni

Journal of Vincentian Social Action

To some degree, all social behaviors may be affected by cultural influences. So which national cultures could be positive influences or negative influences on the prevention of a contagion? (Roser et al., 2020). This paper explores regression models for predicting initial Covid-19 cases per capita by country utilizing only Hofstede’s six Cultural Dimensions (Hofstede et al., 2010).

Regression techniques were applied to develop predictive models for initial Covid-19 rates. Two proposed models were found that explained 54% and 60% of the variability in numbers of initial Covid-19 cases by country: The first model included only Individualism, and the second included …


Study Of The Impact Of Working At Home And The Fears Of Returning To Work Among Managers And Professionals Who Are In Virtual Congruent Jobs And Who Are High Growth/Achievement Oriented, Carmine Gibaldi, Gerald Cusack, Niall Hegarty Dec 2022

Study Of The Impact Of Working At Home And The Fears Of Returning To Work Among Managers And Professionals Who Are In Virtual Congruent Jobs And Who Are High Growth/Achievement Oriented, Carmine Gibaldi, Gerald Cusack, Niall Hegarty

Journal of Vincentian Social Action

Using two surveys, this article examines employee opinions on working from home during the Covid-19 pandemic. In March 2020 we chronicled the experience and reactions of 478 managers and professionals to the mandate they work at home. We found that a large portion of the respondents felt no significant loss in productivity and no reduction in job satisfaction. Most of the challenges they faced had involved efforts required to establish a facilitating home working environment and disruptions in the ease of collaboration with others. The opportunities overwhelmingly focused on the benefits of having more time to rebalance their work and …


Economic Implications Of State-Wide Covid-19 Response Aggressiveness, Bryan Foltice, Michael Edward Parker Dec 2022

Economic Implications Of State-Wide Covid-19 Response Aggressiveness, Bryan Foltice, Michael Edward Parker

Journal of Vincentian Social Action

This paper aims to evaluate how the aggressiveness of each state’s response to the Covid-19 pandemic affected their respective economies from Q2, 2020 through Q2, 2021. In our study, we utilize the scale developed by McCann (2021, April 6), which ranks the least aggressive state response to the most aggressive state response at three different points of the pandemic. Through this methodology, we test the impact of the aggressiveness of each state governments’ response with the resulting economic impact within that state. Namely, we examine how this level of response affected each state’s unemployment rate, gross domestic product growth, and …


Building A Better Future: Restoration, Resilience, And Sustainability, Biagio Pilato, Igor Tomic Dec 2022

Building A Better Future: Restoration, Resilience, And Sustainability, Biagio Pilato, Igor Tomic

Journal of Vincentian Social Action

No abstract provided.


Toc Dec 2022

Toc

Journal of Vincentian Social Action

No abstract provided.


Editors Dec 2022

Editors

Journal of Vincentian Social Action

No abstract provided.


Cover Dec 2022

Cover

Journal of Vincentian Social Action

No abstract provided.


Shakespeare And The Supreme Court: How The Justices Reveal Their Ideologies By Referencing His Works, Rachel Anderson Dec 2022

Shakespeare And The Supreme Court: How The Justices Reveal Their Ideologies By Referencing His Works, Rachel Anderson

Honors Projects

The works of William Shakespeare have been referenced many times throughout history, even by Supreme Court justices. Building off of an observation of a mock trial by James Shapiro, this project puts the utilization of Shakespeare from three Court opinions in relation to its context within the play and the opinion to examine what the reference reveals about the authoring justices' ideology. In doing so, this project concludes that the justices utilize Shakespeare's works in their opinions for various reasons, including to infuse their beliefs into their argument. This implies that Supreme Court justices do not base their opinions on …


Africana Legal Studies: A New Theoretical Approach To Law & Protocol, Angi Porter Dec 2022

Africana Legal Studies: A New Theoretical Approach To Law & Protocol, Angi Porter

Michigan Journal of Race and Law

“African people have produced the same general types of institutions for understanding and ordering their worlds as every other group of human beings. Though this should be obvious, the fact that we must go to great lengths to recognize and then demonstrate it speaks to the potent and invisible effect of the enslavement and colonization of African people over the last 500 years.” – Greg Carr


The Legal Origins Of Catholic Conscientious Objection, Jeremy Kessler Dec 2022

The Legal Origins Of Catholic Conscientious Objection, Jeremy Kessler

William & Mary Bill of Rights Journal

This Article traces the origins of Catholic conscientious objection as a theory and practice of American constitutionalism. It argues that Catholic conscientious objection emerged during the 1960s from a confluence of left-wing and right-wing Catholic efforts to participate in American democratic culture more fully. The refusal of the American government to allow legitimate Catholic conscientious objection to the Vietnam War became a cause célèbre for clerical and lay leaders and provided a blueprint for Catholic legal critiques of other forms of federal regulation in the late 1960s and early 1970s—most especially regulations concerning the provision of contraception and abortion.

Over …


Native America: Universities As Quasi-Cities, Sovereignty And The Power To Name, Victoria Sutton Dec 2022

Native America: Universities As Quasi-Cities, Sovereignty And The Power To Name, Victoria Sutton

American Indian Law Journal

Universities as quasi-cities have an obligation to reflect on their educational mission, and public universities have a responsibility to Native America through the unique federal trust responsibility owed to Native Nations by the federal government. The naming of buildings and transitioning to responsible adulthood requires universities, administrators, and students to reflect on who we were, who we are now, and whom we hope to be. Collaborative efforts to work with Native Nations should be undertaken with regard to naming issues.

Sovereigns possess power to control historical narratives and outcomes through their sovereign power to (1) name geographical places; (2) protect …


Education Administration In Federal Indian Law: Learning From A Colonial Project Turned Tool Of Liberation, Ariel Liberman, Douglas L. Waters Jr. Dec 2022

Education Administration In Federal Indian Law: Learning From A Colonial Project Turned Tool Of Liberation, Ariel Liberman, Douglas L. Waters Jr.

American Indian Law Journal

While statistics tend to focus on the difficulties facing tribal education, this article endeavors to look at the matter with fresh eyes. The federal administrative paradigm governing tribal schools has gone from a tool of cultural genocide to a mechanism for empowerment. A survey of recent governmental reforms demonstrates an embrace of the diversity of Indigenous communities, an interest in empowering students through learning, and an acknowledgement of a history of active disenfranchisement. This is ever-evolving federal-tribal relationship shows the administrative state’s capacity for dealing with greatly nuanced community needs and for tailor-making reforms to achieve concrete goals, even if …


A Jurisprudential Quilt Of Tribal Civil Jurisdiction: An Analysis Of Tribal Court Approaches To Determining Civil Adjudicatory Jurisdiction, Jacob Maiman-Stadtmauer Dec 2022

A Jurisprudential Quilt Of Tribal Civil Jurisdiction: An Analysis Of Tribal Court Approaches To Determining Civil Adjudicatory Jurisdiction, Jacob Maiman-Stadtmauer

American Indian Law Journal

There are hundreds of Native American Tribes with their own judicial systems and courts. Under the test first established in Montana v. United States, the Supreme Court of the United States has provided a single, nebulous standard for determining the limits of tribal courts’ jurisdiction over non-Indians. Scholars and federal jurists have long assumed that the Supreme Court's framework limiting tribal civil jurisdiction is essential to how tribal courts determine jurisdiction. This paper challenges that assumption. Through a first of its kind survey of tribal court decisions on civil jurisdiction, spanning 26 tribes and covering 71 decisions, this paper …


The Digital Isolation Of Indigenous Communities, Myranda Buiquy Dec 2022

The Digital Isolation Of Indigenous Communities, Myranda Buiquy

American Indian Law Journal

The crude mistreatment of the tribes across America has continued to undermine Indigenous wealth and empowerment, leaving many Native people without proper housing, education, running water, healthcare, and telecommunications services. Tribes are forced to advocate for themselves to the federal government, instead of receiving support and compensation for generations of colossal exploitation.The federal government continues to breach their responsibility in protecting tribal treaty rights and must assume responsibility in closing an economic divide that has only worsened due to the pandemic.

Indigenous communities continue to endure disadvantaged living conditions, leaving their people without adequate resources. In addition, this vulnerable demographic …


The Dream Of Property: Law And Environment In William T. Vollmann’S Dying Grass And Leslie Marmon Silko’S Almanac Of The Dead, Ted Hamilton Dec 2022

The Dream Of Property: Law And Environment In William T. Vollmann’S Dying Grass And Leslie Marmon Silko’S Almanac Of The Dead, Ted Hamilton

Faculty Journal Articles

This article describes how the law inflects the narration of environmental conflict in William T. Vollmann’s Dying Grass (2015) and Leslie Marmon Silko’s Almanac of the Dead (1991). By focusing on the legal common sense of settler colonialism—its emphasis on private property in land and its subjugation of Indigenous peoples to the guardianship of the state—the article explores the ways in which Vollmann’s and Silko’s novels present counternarratives to the law’s story of justified conquest. Combining a law and literature approach with ecocriticism, this article highlights the importance of the legal imagination in defining human-land relations in the United States. …


Campos Seguros In Santa Cruz County, Patricia Barajas Villasenor Dec 2022

Campos Seguros In Santa Cruz County, Patricia Barajas Villasenor

Capstone Projects and Master's Theses

Monarch Services is a non-profit organization within Santa Cruz county. The agency provides services for domestic violence, sexual assault, and human trafficking. Campos Seguros focuses on providing resources and advocacy to vulnerable populations, specifically Campesinos (farmworkers). Violence and abuse perpetrated against farm workers is an issue that demands more public attention and advocacy. Campesinos are highly vulnerable because of different contributing factors, these include immigration status, work uncertainty, and language barriers. Consequences include trauma, lack of reporting, and vulnerability to labor trafficking. Sexual abuse is highly prevalent within the agricultural realm; many employers can take advantage of Campesino’s vulnerable position. …


How Sample Clearance Has Affected Hip-Hop Music-Making, Bryan J. Brewster Dec 2022

How Sample Clearance Has Affected Hip-Hop Music-Making, Bryan J. Brewster

Capstone Projects and Master's Theses

This paper will explain how sample clearance has impacted hip-hop music-making. It will explain what a sample is and show the historical significance of sampling in hip-hop. I will briefly discuss the basics of copyright and the process of clearing a sample. This paper will also look into legal cases of copyright infringement to show the impact of specific cases and analyze data to determine if the amount of sample clearance has changed because of the decisions of the courts. The main goal of this paper is to highlight the significance of sampling in hip-hop, the inherent challenges of legally …