Law Commons^™

An Expedition To Public Lands, Matthew B. Olsen

CAFE Symposium 2023

A look into common ideas appearing in the US public land system. These ideas include "nature as commodity," "nature as unpeopled," and "nature as pristine." The specific areas looked into are Havasu National Wildlife Refuge, Prescott National Forest, Grand Canyon National Park, Gold Butte National Monument, and Death Valley National Park.

Bridging The Cultural Divide: A Single Case Study Exploring Connections Between Multi-Cultural Education, Identity, Self-Esteem And Leadership, Amy Britton

Journal of Multicultural Affairs

This qualitative single case study explores connections between multicultural education, identity development, self-esteem, and leadership. The study focuses on the lived experiences of a lifelong learner, educator, and leader in higher education with the pseudonym, Rachel. The interview with Rachel traced how she experiences diversity within her academic experiences as a learner and her professional experiences as an educator and leader.

The Emerging Scholars Issue: Insights On Teaching And Leading Through Reshaping Policy And Practice, Lakia M. Scott, Taylor D. Bunn

Journal of Multicultural Affairs

The Emerging Scholars program began at the 2019 Texas-NAME conference with five graduate students, four of which were enrolled in a doctoral program. Students participated in preconference workshops on establishing a research agenda, understanding academia and higher education institutions, and creating a network as an education researcher. Since its inception, the program has continued introducing students to collaborations and publication opportunities through Texas-NAME. This special issue provides doctoral students (some of whom have since graduated) with an opportunity to be single-authors in their scholar. Organized in three distinct sections, readers will be exposed to research and policy briefs and critical …

Under G-D, Dereck Daschke

Journal of Religion & Film

This is a film review of Under G-d (2022), directed by Paula Eiselt.

An Anticolonial Dream Against The Disaffection And Dissonance: Teaching The (Other) International Law In India, Swati S. Parmar

Indonesian Journal of International Law

The States, self-defined as the civilised, clothed in the ‘refined’ urbane bourgeois created a modern cosmopolitan order at a civilizational scale. The remaining world was driven into a cultural subjection and classified by the ‘civilised’ into these fixated identities while their indigeneity and socio-cultural identity were marginalised. Projected itself as the cradle of intellect, Europe consciously crafted imperialism as a cultural reference for the rest of the world. The colonial encounters left imperial imprints on the peoples of these colonies, the consequences of which remain evident in the styles and pedagogies of teaching international law in the geographical South. Historical …

Law Library Blog (February 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

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 …

Table Of Belonging: Exploring Social Reversal At St. Paul's Episcopal Church, Natalie Magnusson

DMin Project Theses

This January 2023 Doctor of Ministry project thesis at Lipscomb University explores the problem of a predominantly white, affluent Episcopal congregation confessing racial justice as a shared value while struggling to embody that conviction. The project pursues the following research question: How might a congregation of the most historically powerful, prominent, and affluent church in the U.S. imagine its life in the Jackson, MI community in light of Luke 14 and encounters with people who experience racial injustice? In the theological chapter, the Tower of Babel narrative in Genesis 11 and the Pentecost narrative in Acts 2 serve as interpretive …

A Captive’S Subjectivity, Rebeca J. Blemur

Theses and Dissertations

The project discusses the effects of Haiti’s colonization as the space transitions from Hispaniola to Saint-Domingue and later to the free state of Haiti. This is done by studying the concept of the right to conquest and the absurdities that exist around the first appearances of international law. The project focuses on the pre-revolutionary period starting around the 1750s, the revolutionary period that began in the 1790s, the French oligarchical class’s attempt for social equality, and the war for ultimate colonial conquest between the French, Spanish, and British. The project will display how legally objectifying a human being manifests subjects …

The Murder Of George Floyd: A Case Study Examining How The Policing Of Black Men And Grassroots Activism Influence The Will Of Black Women To Lead, Ella Gates-Mahmoud

Doctorate in Education

This study's objective investigates the viewpoints held by Black women in two urban areas of Minnesota about the social upheaval that followed the murder of George Floyd in 2020 for using a counterfeit $20 bill. In the last decade, police killings of innocent Black people in the United States have received more attention, and Floyd's death is only one example of this phenomenon. In the U.S., the likelihood of a police officer taking the life of a Black man is higher than that of a White man. Between 2013-2019 there have been 1,641 fatal shootings of defenseless Black men by …

The Impact Of The Canva Program On The Learning Of The Ninth Grade Students In Jordanian Schools Of Html, Maha Abu Maizer

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

This is a semi-experimental study that aims at measuring the impact of CANVA on the learning of ninth graders in a Jordanian school of HTML. 50 female ninth graders were randomly selected from 72 students in Aisha Bint Abi Baker school, and were distributed to two groups; control, which was taught traditionally, and experimental, which was taught with CANVA to learn HTML as a part of their computer curriculum. The researcher used a set of 20 multiple choice questions to test their knowledge achievement and skills. After checking the validity and reliability of the test. The results showed that there …

Speculative Constitutions In Ursula K. Le Guin’S Hainish Cycle And The Rights Of Nature, Ted Hamilton

Faculty Journal Articles

This paper examines two speculative examinations of humanity as a unified species and agent of ecological change: Ursula K. Le Guin’s Hainish Cycle and the rights of nature movement. Le Guin’s Cycle imagines the slow interplanetary reintegration of human polities against a backdrop of cultural and environmental difference. I read the novels of the Cycle as an allegory for the rights of nature movement, which seeks to synthesize traditional and modern knowledge in a legal solution to ecological crisis. Both discourses, I argue, productively imagine a new historical understanding of humanity’s place on Earth, but they provide a weak theory …

The Consequence Of Final Causality: Competing Views Of Legal Teleology, Jonathan M. Dumdei

Liberty University Journal of Statesmanship & Public Policy

Philosophy of law and legal jurisprudence have received recent attention in the United States due to the significant change in the makeup of the Supreme Court. Historical understanding of the legal philosophies that have influenced the U.S. and the ancient principles upon which they are built must of necessity be properly assessed. This thesis proposes that Aquinas’s conception of Natural Law as the basis for legal teleology provides a superior grounding for American jurisprudence than the theories of legal positivism and critical legal theory due to the superiority of Natural Law’s integration of ultimate final causes. Through a survey of …

“This Artwork Is Always On Sale”: The Need For A U.S. Resale Royalty Right For Digital Visual Artists In This Technological Age, And Proof Of Concept Through The Blockchain And Nfts Explosion, Janae Camacho

Washington Journal of Law, Technology & Arts

With the explosion of the internet, social media, non-fungible tokens (“NFTs”), and blockchain technology, there has been a shift in how people consume and commercialize art, thus resulting in the increased use of digital visual mediums to create, purchase, and receive payment for visual artwork. This increase has renewed the question of whether the United States should implement a resale royalty right for visual work artists. This question is of concern, especially in this digital age where it has become more difficult for digital visual artists to receive equitable compensation for their work, like that of their musical and written …

Nonobvious Design, Mark Bartholomew

Journal Articles

To earn patent protection, a claimed product design must be “nonobvious.” Yet while nonobviousness has been described as “the heart” and “cornerstone” of the utility patent system, in the design patent context, the term has become next to useless. Instead of actually policing nonobviousness in design, modern courts grant patent rights to any work that is not an exact replica of another. The problem, judges maintain, is that comparing one visual design against another demands the use of aesthetic judgment and aesthetic judgment is an instinctual, subjective process incapable of legal definition. Recent neuroscientific studies of aesthetic judgment dispel some …

Children And The Cold War: Race & Hypocrisy Amid Fear Of Nuclear War, Richard D. Mctaggart Jr.

Theses and Dissertations

During the Cold War, American propaganda centered the wellbeing of the child in its messaging warning of atomic attack at the hands of the Soviet Union. However, despite American claims that all children were valued by the United States, this was proven untrue by its unequal treatment of Black children.

Intro To Primary Sources, Katie Strand, Jen Kirk, Dan Davis, Lara Petersen

All E-Learning Resources

Attention: As of 2026 updated versions of this item will no longer be available on Digital Commons. Please contact [email protected] for more information.

The Identifying Primary Sources tutorial teaches students how they find, evaluate, and use primary sources in their own research. Along the way, they'll learn about some great places to start researching when looking for primary sources.

Why School Choice Is Necessary For Religious Liberty And Freedom Of Belief, Richard F. Duncan

Nebraska College of Law: Faculty Publications

The government school monopoly for funding K–12 education creates a coercive system that commandeers a captive audience of impressionable children for inculcation in secular ideas, beliefs, and values concerning matters of truth, moral character, culture, and the good life. The brutal bargain imposed on parents by this monopoly requires them to choose between the single largest benefit most families receive from state and local governments and educating their children in a curriculum that is consistent with the preferred educative speech of the parents. To choose the latter is to sacrifice hundreds of thousands of dollars of tax-funded support for K–12 …

Ethics In Kakadu (1988): Finding Djilile’S “True Tracks”, Natasia T. Boyko

Electronic Theses and Dissertations

Tasmanian-born Peter Sculthorpe (1929 – 2014) was one of Australia’s most iconic modernist classical composers of the twentieth century. Kakadu (1988) seems to have sparked the most controversy of Sculthorpe’s works and has become one of his most well-known pieces. In the program notes provided in the score’s foreword, Sculthorpe asserts that “the melodic material in Kakadu, as in much of my recent music, was suggested by the contours and rhythms of Aboriginal chant.” Sculthorpe attributed this melodic material to the Arnem Land chant, Djilile. Consequently, Sculthorpe has been criticized for extracting Djilile from its authentic context as …

Implications Within Interpretations And Legal Implementations Of The Fourteenth Amendment, Jillian Bartley

Regis University Student Publications (comprehensive collection)

The Fourteenth Amendment is not often thought about as one of the pillars of American freedom and citizenship, but it is indeed. The Fourteenth Amdendment establishes equal protections under the law, due process, and citizenship. This thesis seeks to look at how the Fourteenth Amendment and gender intersect in a way that establishes who gets what rights, and how those rights are able to be interpreted. The way in which the Fourteenth Amendement is interpreted establishes who gets protections and what equality under the law means within the context of American society. In using legal history, and the breifing of …

Jurisprudence And Animal Protection, Carlos Montemayor

Animal Sentience

Jurisprudence is based on normative principles that go beyond instrumental reasoning and practical goals concerning what is convenient. It concerns justice and truth. The empirical evidence justifies the legal protection of various species on legal grounds. Given the risks we face regarding climate degradation, international legal agencies must expand the framework of human rights and environmental law in order to effectively protect animals and their environments.

(Re)Building The Master's House: Dismantling America's Colonial Politics Of Extraction And Exclusion, Marissa Jackson Sow

Michigan Law Review Online

On February 10, 2021, and in the days thereafter, liberal American commentators showered Congresswoman Stacey Plaskett with superlatives and praise due to her masterful takedown of former President Donald Trump during his impeachment trial for incitement of the January 6, 2021 Capitol Riot. Referring to a picture of Plaskett wearing a knee-length blue dress with draped sleeves, the political strategist (and daughter of House Majority Leader Nancy Pelosi) Christine Pelosi took to Twitter to note that “[n]ot all superheroes wear capes. This one does!”

Court Review: Journal Of The American Judges Association, Vol. 59, No. 4, Eve M. Brank, David Dreyer, David Prince

Court Review: Journal of the American Judges Association

Articles

The Role of the Judge in Establishing a VTC, Mishkat Al Moumin, Judge Gayle Williams-Byers, and Amber Menchio

Prospective Jurors’ Attitudes Toward Voir Dire, Wendy P. Heath and Bruce D. Grannemann

Constitutional Losses and (Some) Statutory Wins for Criminal Defendants: Select Criminal Law and Procedure Cases from the Supreme Court’s 2022-23 Term, Eve Brensike Primus and Mark Rucci

Departments

Editor’s Note, David Prince

President’s Column: The American Judges Association--Making Better Judges Since 1959, and Continuing to Lead the Way! Catherine Carlson

Thoughts from Canada: Publication Bans--The Supreme Court of Canada Considers Their Impact Upon the Conflict between the Open …

Unpacking The Forgotten Truth: Reestablishing Affirmative Action With Hispanic-Serving Institutions And The Military Equal Opportunity Program For Hispanics, Isabelle Rosado

Modern Languages, Philosophy and Classics Theses

Affirmative Action combats discrimination amongst individuals on the basis of race, creed, color, sex, or national origin and falls under the 14th Amendment. Race has been a leading result of the reevaluation of Affirmative Action programs. Furthermore, the United States Military is an organization that also advocates for racial equality but is seldom discussed. Claims of reverse racism and privilege shield the primary purpose of Affirmative Action. Discredited opinions engulf young minds in the never-ending social conflict of racial equality. This problem continues to be unsolved which divides Americans. The increase of Hispanics/Latinxs in the U.S. forces the analysis of …

Higher Education Redress Statutes: A Preliminary Analysis Of States’ Reparations In Higher Education, Christopher L. Mathis

University of Colorado Law Review

No abstract provided.

Loving Reparations, Eric J. Miller

University of Colorado Law Review

No abstract provided.

Roundtable: The 1921 Tulsa Race Massacre; The Quest For Accountability, Robert Turner

University of Colorado Law Review

No abstract provided.

The Color(Blind) Conundrum In Colorado Property Law, Tom I. Romero Ii

University of Colorado Law Review

No abstract provided.

Editor’S Note, Deepak Shimkhada

Monsoon: South Asian Studies Association Journal

This special issue of Monsoon is dedicated to the studies honoring the goddess traditions in South Asia. The onset of the Monsoon Season in South Asia typically commences in June and continues until late August and early September. The publication of this issue, therefore, has been strategically timed to coincide with that season, which is a vital source of sustenance for millions of individuals in this part of the world. This anthology consisting of five papers—written by scholars with expertise in the field of goddess and women studies—speak unequivocally about the goddesses or women for their strength, beauty, wisdom, and …

Constructing Jain Goddess Padmavātī In Gujarati Literature, Venu Mehta

Monsoon: South Asian Studies Association Journal

Worship of the goddess Padmāvatī emerged more than a thousand years ago. This article explores three songs about her in Gujarati by Paṇḍit Vīrvijayajī (1773-1852). By analyzing the style and form of his work, one learns a great deal about devotional liturgies that commemorate goddess Padmāvatī’s protection of the Jina Pārśvanātha and, in turn, his protection of her.