Law Commons^™

The Ethical Dilemma Of Discovering Misattributed Paternity In Living Kidney Donation, Zehra Mehdi

Undergraduate Research and Scholarship Symposium

A major ethical dilemma in living kidney donation is the sharing of information about either the recipient or donor. Ethical policies have been created for donor’s and recipient’s privacy, generally called “Confidentiality Policy for Patient/Recipient.” This policy ends up clashing when it comes to discovery of misattributed paternity. The discovery of misattributed paternity reveals information that is directly linked to both donor and recipient. This information is the discovery by healthcare provider that the recipient (father or child) is not biologically related to the donor (father or child). Each case of misattributed paternity can vary, such as the age of …

An Analysis Of Factors In The Policymaking Process That Enabled Prison Sentence Decreases Through The 2022 Organic Law Of Comprehensive Guarantee Of Sexual Freedom/La Ley Del Solo Sí Es Sí In Spain, Cambron Wade

Independent Study Project (ISP) Collection

To follow through on their ratification of the Istanbul Convention and public outcry after La Manada case, the Spanish Government passed the Organic Law of Comprehensive Guarantee of Sexual Freedom, also known as the law of only yes is yes (or la ley del solo sí es sí) - which came into effect on October 7, 2022. This law changed the Criminal Code by removing the distinction between sexual assault and sexual abuse, which previously caused victims to endure the difficult process of proving that there was violence and intimidation. By moving all sexual acts without consent under the category …

Die Deutsche Nationalversammlung Und Weimar: On The Creation Of Democracy In Weimar Germany, Jason Wendling

Honors Program: Senior Projects (Public)

This paper is a historical analysis of the creation of the Weimar Republic, as well as a political analysis of the Weimar Republic’s constitution. In reviewing both Weimar’s history as well as the constitution, I hope to inspire learners to look back to the Weimar Republic, and not focus primarily on the failures that led to the rise of the Nazi Regime, but rather celebrate the successes that the drafters of the constitution were able to achieve. I review the history of the 1918 November Revolution, the history and party programs of the three important parties of the Weimar Republic, …

2023 Research Day Program, Lincoln Memorial University

Research Day

This program contains abstracts and presentation summaries from LMU's 2023 Annual Research Day conference.

Eu Migration Policy: Analyzing The Coercive Responses Of Transit Countries Within The Eu’S Framework Of Externalization, Emily Swan

Independent Study Project (ISP) Collection

This paper seeks to analyze the intersection between the EU’s increasingly securitized and externalized policies towards migration, and instances of the weaponization of migration on the EU’s external borders. Although scholars have analyzed cases in which states harness migrants as political weapons, depoliticized most depictions apply a moralistic lens that frames these cases as aberrant, decontextualized, and political events. This paper will complicate understandings of the weaponization of migration by analyzing how EU policies of externalization and securitization systematically shape the environment in which it becomes politically advantageous for leaders, such as Recep Tayyip Erdoğan and Alexander Lukashenko, to resort …

Poland And The Ukraine War: A Geopolitical Analysis, Thomas Pitney

Independent Study Project (ISP) Collection

Poland’s geopolitical role has enhanced since Russia’s invasion of Ukraine on February 24, 2022. As such, Poland’s ambitions have increasingly important implications for regional, European, and global security. The paper attempts to address this phenomenon by posing the following research question: how does Poland pursue its interests in the Ukraine War? Employing qualitative methods on data collected from three formal interviews, one virtual interview, one informal interview, four statements from Poland’s leaders, and a variety of secondary sources, the study aims to answer this question modeling Gyula Csurgai’s (2019) geopolitical analysis framework. The research question is addressed in two ways. …

Existir Y Sobrevivir: El Prejuicio Que Enfrentan Los Inmigrantes Venezolanos En La Quinta Región De Chile., Daisy Alcantar

Independent Study Project (ISP) Collection

This investigation looks at determining the institutional prejudice that Venezuelan immigrants face while being in Chile, specifically in Valparaíso and Viña del Mar. Immigration is not a new concept in Chile but in recent years the great influx of Latin American immigrants, including Venezuelan immigrants, has seen a great backlash from the Chilean government and society. This is largely due to the white and European values that have been integrated into Chilean society. Therefore, driven by colonialist and nationalist views, Venezuelan immigrants are deemed as the “other” and have become criminalized and stigmatized by Chilean society. Ultimately leading the Venezuelan …

Dual Taxation - Unbalanced And Arbitrary, Benjamin M. Simon

American Indian Law Journal

"Dual Taxation" in Indian Country happens when a state assesses taxes on private, non-tribal activities or transactions on tribal land in addition to taxes assessed by a tribe. Some analysts suggest that dual (or double) taxation puts tribal governments and citizens at a disadvantage, but the situation may be more nuanced. While dual taxation has been analyzed in depth from a legal perspective, this paper analyzes its economic consequences. With taxation, the stakes can be high. State tax revenues generated on tribal lands are revenues that tribes forgo collecting, limiting the tribal resources available for economic development and social programs. …

Native American Intellectual Property Protection: Altering Federal Ip Law And The Indian Arts And Crafts Act To Aid Tribal Economic Development, Trey V. Perez

American Indian Law Journal

Native Americans tribes remain subject to an epidemic of poverty. Although tribal gaming has provided relief and a method of economic development for some groups, other tribes are unable to employ gaming to bring in revenue and grow out of poverty. One method to assist tribes that cannot use tribal gaming could be amending federal intellectual property law to better suit tribes needs and allowing them to better exploit the billion-dollar Native American arts and crafts industry.

Moreover, tribes are able to determine which artists qualify as “Indian” under the Indian Arts and Crafts Act, which leaves individual artists subject …

Toward A Tribal Role In Groundwater Management, Alexandra Fay

American Indian Law Journal

This Article considers the Agua Caliente groundwater litigation a decade since its inception. It recounts the most recent developments in the case, notably the move to mediation and the strategic work that brought the water districts to the table. The Article places this monumental case in context: in the history of colonization and tribal-state relations, the present climate crisis, and the State of California’s groundwater management regime. The Article ultimately outlines the present opportunity to reimagine the role of tribes in groundwater management.

Change By Drips And Drabs Or No Change At All: The Coming Undrip Battles In Canadian Courts, Kevin Gray

American Indian Law Journal

The enactment of the United Nations Declaration on the Rights of Indigenous Persons (“UNDRIP”) into Canadian law has long been a goal for Indigenous groups in Canada. Its enactment has been entailed as potentially game changing. Commentators have argued that the incorporation of UNDRIP into Canadian law will produce a wholesale transformation of Canadian law, including providing a veto to Indigenous groups to development on their traditional lands and eliminating the doctrine of discovery. In this paper, I consider various arguments that have been advanced as to how UNDRIP may require changes to Canadian law. I argue, conversely, …

Case Law On American Indians, Thomas P. Schlosser

American Indian Law Journal

An update on American Indian case law from September 2021-October 2022.

Oil, Indifference, And Displacement: An Indigenous Community Submerged And Tribal Relocation In The 21st Century, Jared Munster

American Indian Law Journal

Coastal land loss driven by erosion and subsidence, and amplified by climate change, has forced the abandonment and resettlement of the remote Louisiana Indigenous community of Isle de Jean Charles. This relocation, to a relatively ‘safer’ site inland has led to division among the residents and will inevitably cause irreparable damage to the culture and traditions of the Houma and Biloxi Chitimacha Confederation of Muskogees peoples who called this small, isolated island home. Driven to the water’s edge by European colonization of south Louisiana, this community developed a dynamic subsistence lifestyle based on agriculture, hunting, and fishing which survived undisturbed …

A New Atticus Is Afoot: The Portrayal Of Lawyers In Popular Culture, Anna Thrush

Senior Theses

This project analyzes the stereotypical image of lawyers in popular culture, focusing on either overly demonic or unrealistically heroic. Both stereotypes that are common portrayals of attorneys in popular culture are unrealistic and deny society a true comprehension of the profession. Popular culture has molded the image of lawyers to the characteristics that sell, rather than focusing on a realistic portrayal. Therefore, popular culture creates a falsely dramatized image of attorneys to generate revenue, putting the reputation and future of the profession as risk. These stereotypes are exemplified in this project through a close literary analysis of lawyer characters from …

Robert X House Collection, Dan Bonenberger, Brooke Boyst, Franklin Haywood, Carrie Malas, Jaclyn Panter, Ian Tomashik, Laura Waskiwicz, Taylor Williams, Austin Martin

Digital Heritage Preservation Collection

This collection examines the Robert X House at 18827 Keystone Street in Detroit, Michigan, a significant site in the history of the Nation of Islam and the broader narrative of Black empowerment and civil rights in mid-20th century America. Originally built in 1951 as a modest Federal Housing Administration (FHA) minimum ranch-style home, the property was purchased by Robert Davenport (later known as Robert X), an influential leader in the Nation of Islam. The house became a hub for religious instruction, community-building, and activism.

Robert X, a former boxer and musician, became a prominent figure in Detroit’s Nation of Islam …

U.S. Government Information Resources For Accountability On U.S. Assistance To Ukraine, Bert Chapman

Libraries Faculty and Staff Presentations

Provides detailed coverage of U.S. Government information resources documenting accountability for U.S. civilian and military assistance to Ukraine. Includes U.S. laws, agencies involved in U.S. arms export policy, Defense Department resources and data, Defense Dept. Inspector General reports, Government Accountability Office reports, congressional committee hearings, a letter from a congressional committee to the Secretaries of Defense and State and U.S. Agency for International Development administrator, congressional debate, and congressional recorded votes.

Remembering Wenonah: Colonialism And The Power Of Representation, Adam Gaffey, Monica De Grazia, Iyekiyapiwiƞ Darlene St. Clair, Jill Ahlberg Yohe

CLASP Lecture Series

This panel explores how the lover’s leap narrative and its representation of Native American figures has been used to forge distinctive visions of public memory both in and beyond Winona, Minnesota. For most, details of the lover’s leap are reduced to Wenonah’s fatal action, specifically how she protested her family’s rigid customs of arranged marriage by jumping to her death from a bluff atop the Mississippi River. The goal of this panel is to offer a fuller account of the purposes this story has served in popular memory and the implications of its persistence for different audiences, past and present. …

29th Annual Roger Williams University School Of Law Barrister's Ball 2-11-2023, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Book Discussion - Elections, Violence And Transitional Justice In Africa, Elias Opongo, Tim Murithi

The Journal of Social Encounters

No abstract provided.

Warren Circuit Court - Warren County, Kentucky (Sc 3682), Manuscripts & Folklife Archives

Manuscript Collection Finding Aids

Finding aid and scans (Click on "Additional Files" below) for Manuscripts Small Collection 3682. Images of two seals of the Warren County (Kentucky) Circuit Court, one affixed to documents dated 1825 and 1839, and the other to a document dated 1860, together with a letter from the Court Administrator with historical background. Also includes a paper by an unknown author describing the Warren County Court of Quarter Sessions and a few early indictments.

The Santa Clara, 2023-03-17, Santa Clara University

The Santa Clara

No abstract provided.

Capograssi, Imperdonabile, Andrew J. Cecchinato

Fellow, Adjunct, Lecturer, and Research Scholar Works

When reviewing the history of early twentieth century thought, it is not uncommon to read reflections concerning the crisis of contemporary states. Less frequent – but not unheard of – is coming across meditations regarding the very end of the state. Among the latter, those of Giuseppe Capograssi (1889-1956) stand out like a lightning flash, for the eschatological meaning they flare upon the relationship between statehood and the law. «All true research on the state is a profound meditation on its ending», he writes concluding the introduction of his first book in 1918. Like a seal yet to be broken, …

Fighting The Illicit Antiquities "Artworld": A Critical Approach To The Heritage Laws Of Guatemala, Irene Marti Gil

LSU Doctoral Dissertations

This dissertation examines the suitability of the legal framework for the protection of cultural heritage in Guatemala, which is the country of origin for over thirty percent of the Maya objects traded in the antiquities market, and proposes strategies that improve the effectiveness of the law. To examine the heritage laws enforced by the Republic of Guatemala, I implement linguistic anthropological methods of qualitative research.

Discourse Analysis, Critical Discourse Analysis, and Conceptual Analysis on the national heritage policies of Guatemala reveal the existence of ontological problems regarding the conceptualization of heritage as a monolithic entity reflecting a State-led narrative with …

Daoism And Design: Mapping The Conflict In Syria, Ned Beechinor Marsh, Heather S. Gregg

The US Army War College Quarterly: Parameters

In contemporary military operations, some problems are so complex they do not give way to linear solutions but require problem management instead. Combining the fundamentals of Dao De Jing philosophy with the US military design process offers a new perspective to analyze complex security problems, devise management strategies, and plan military operations. Applying this new approach to the complex security environment in Syria allows for a nonlinear mapping of long-term goals and a new perspective on relationships between key actors, environmental factors that restrict changes in the security environment, and where planners should focus their attention.

2023 Ruth Bader Ginsburg Essay/Art Contest, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Online Consumer Purchasing During The Pandemic Of Covid-19: An Applied Study In Lebanon, Soumaya M. Kaakour

BAU Journal - Society, Culture and Human Behavior

Technological development essentially transformed the foundation of global businesses. Business operations started to move from traditional to advance digitalized practices which gave rise to the e-commerce business, making the online environment more competitive. Despite such changes, there remains a consumer that is not involved in online shopping especially in developing countries. The spread of COVID-19 pandemic has caused radical changes to the way the consumer form intention and behavior toward digitalized solutions. This paper analyzes the impact of buying impulse, attitude, subjective norms, enjoyment and trust on consumer purchasing intention during the pandemic using a sample of 306 Lebanese citizens. …

In Memory Of Edward Said, Essam Fattouh

BAU Journal - Society, Culture and Human Behavior

Tim Brennan’s recent biography of Edward Said entitled Places of Mind: A life of Edward Said (2022) is a tribute to a critic, musician, activist and humanist of world caliber whose life and work continue to inspire millions of readers. This review takes a look at Brennan’s scholarly methodology in mapping Said’s life and work, but also highlights the various domains in which Said the intellectual excelled. The review further calls attention to the intersection between literature and politics, between criticism and classical music, between philosophy and innovative literary theories in Said’s legacy; a legacy so rich it continues to …

Paths To Equity: Parents In Partnership With Ucedds Fostering Black Family Advocacy For Children On The Autism Spectrum, Elizabeth H. Morgan, Benita D. Shaw, Ida Winters, Chiffon King, Jazmin Burns, Aubyn Stahmer, Gail Chodron

Developmental Disabilities Network Journal

Racism and ableism have doubly affected Black families of children with developmental disabilities in their interactions with disability systems of supports and services (e.g., early intervention, mental health, education, medical systems). On average, Black autistic children are diagnosed three years later and are up to three times more likely to be misdiagnosed than their non-Hispanic White peers. Qualitative research provides evidence that systemic oppression, often attributed to intersectionality, can cause circumstances where Black disabled youth are doubly marginalized by policy and practice that perpetuates inequality. School discipline policies that criminalize Black students and inadequate medical assessments that improperly support Black …

The Santa Clara, 2023-02-17, Santa Clara University

The Santa Clara

No abstract provided.

Expedition To Washington State: The Pacific Crest Trail, Mt. Rainier, Okanogan-Wenatchee, And Lake Chelan, Riley J. Nolan

CAFE Symposium 2023

Within the United States there are many different agencies that have been tasked with the management of America's Public Lands. Due to America's unique inception, there are many different ideas and concepts that affect how we view these same land units today. This poster delves into four specific land units in Washington State (The Pacific Crest National Trail, the Lake Chelan National Recreation Area, The Okanogan-Wenatchee National Forest, and Mount Rainier National Park) to discuss each area's history and management issues, as well as discuss the effects of society's preconceived notions on each destination. Finally, the poster also discusses what …