Law Commons^™

Women’S Voices From History: Gond Rani Durgawati And Rani Lakshmibhai, Nandini Sengupta, Moupia Basu

Monsoon: South Asian Studies Association Journal

Two strong women are compared and contrasted in this article. Gond Rani Durgawati (1524-1564) led a resistance movement in Jabalpur against the Mughal rule of Akbar. Rani Lakshmibai (1828-1858) organized the people of Jhansi against Sir Hugh Rose, an officer defending the interests of the British East India Company. Both women continue to be remembered for their bravery and their loyalty to the people they ruled.

Mai Bhago And Amrita Devi Bishnoi: Women Of Strength, Sowmya Ayyar

Monsoon: South Asian Studies Association Journal

Mai Bhago (1670-1720), also known as Bhag Kaur, distinguished herself on the battlefield to defend the Sikh faith. Amrita Devi Bishnoi (d. 1730) is said to have sacrificed her life with 362 others to protect the Khejari trees in the Rajasthan desert. Both women continue to inspire social justice and ecological activism.

An Examination Of Gandhian Economic And Political Thought And Its Relevance To The Empowerment Of Women, Purnima Mehta Bhatt

Monsoon: South Asian Studies Association Journal

Mahatma Gandhi (1869-1948) sought to alleviate poverty and empower women. His commitment to nonviolence and the economic ideal of “small is beautiful” continue to inspire grassroots movements around the globe. This article discusses the Chipko movement of northern India, the protection of rain forests in Kerala’s Silent Valley, the Self Employed Women’s Association (SEWA), and Medha Patkar’s valiant though ultimately futile attempt to save the Narmada River from a massive government damming project. The ongoing legacy of these movements can be found in AWAG, the Ahmedabad Women’s Action Group and Women’s Shanti Sena (Peace Force).

Indigenous Stitch-Arts Of India: Tradition And Revival In A Global Age, Punam Madhok

Monsoon: South Asian Studies Association Journal

Stitch art allows for the creative expression and economic support of countless women throughout India. This article examines four notable styles: chikankari, flora and fauna stitched in white thread on fine white cotton, rabari, the stitching of mirrors into colorful cloth, phulkari, resplendent flowery motifs sewn into shawls in Punjab, and kantha, Bengali patch work yielding quilts and seating mats. In addition to describing each technique, this article discusses how women have been economically empowered through this art by such organizations as Self-Help Enterprise (SHE) in Kolkata and Adithi, a women’s cooperative, in Bihar.

The Application Of Law As A Key To Understanding Judicial Independence, Tahirih V. Lee

Scholarly Publications

No abstract provided.

Petroleum And The Politics Of Decolonization In Indonesia: A Study Of Economic Development And Nationalism, Jan P. Wenger

Honors Theses

This study examines Indonesia’s reliance and independence on foreign direct investment (FDI) and multinational corporations (MNCs) in the oil and gas sector. Analyzing historical, economic, and political primary and secondary sources and conducting qualitative interviews, the research explores the friction between economic development aspirations and nationalist sentiments. The study reveals that the current ambiguity surrounding FDI and MNC policies in Indonesia’s oil and gas sector can be traced back to the country’s economic decolonization and demonstrates that Indonesia’s economic policies towards these factors shifted in the aftermath of political change. Since gaining independence, Indonesia has strived to balance the pursuit …

Why Are We Not Worth Saving? Latin American Immigrant Women's Experiences With Post-9/11 Crimmigration Policies And Asylum-Seeking In The United States, Kaye Romans

Undergraduate Honors Theses

This thesis discusses Crimmigration—the convergence of criminal policies and immigration law—in a post-9/11 world as it relates to Latin American Immigrant women seeking asylum in the United States. Utilizing case law, legislation, and legal scholarship, I situate these policies in the broader context of immigration law both nationally and internationally, focusing on key post-9/11 legislation and policies such as Operation Streamline, Operation Liberty Shield, and Title 42, as well as key post-9/11 case law dealing with Latin American women seeking asylum in the United States. With these foundational understandings, I provide possible solutions that would lessen the harms presented to …

¿Por Qué No Vale La Pena Salvarnos? Experiencias De Mujeres Inmigrantes Latinoamericanas Con Políticas De Inmigración Post-9/11 Y Solicitantes De Asilo En Los Estados Unidos, Kaye Romans

Undergraduate Honors Theses

Esta tesis aborda la Crimmigration—la convergencia de las políticas criminales y la ley de inmigración—en un mundo post-9/11 en lo que se refiere a las mujeres inmigrantes latinoamericanas que buscan asilo en los Estados Unidos. Utilizando la jurisprudencia, la legislación y la erudición legal, sitúo estas políticas en el contexto más amplio de la ley de inmigración tanto a nivel nacional como internacional, centrándome en la legislación y políticas claves posteriores al 9/11 tales como la Operation Streamline, la Operation Liberty Shield y el Title 42, así como la jurisprudencia clave posterior al 9/11 que trata con las mujeres latinoamericanas …

Rooted: Metaphors And Judicial Philosophy In Artis V. District Of Columbia, Richard L. Heppner Jr.

Law Faculty Publications

This article examines how the metaphors in judicial opinions reveal judicial theories of lawmaking and judicial philosophies, through a close reading of Justice Ginsburg’s majority opinion and Justice Gorsuch’s dissenting opinion in the Artis v. District of Columbia, 138 S. Ct. 594 (2018).

Artis was about what the phrase “shall be tolled” means in the federal supplemental jurisdiction statute, 28 U.S.C. §1367. Does a state-law claim’s statute of limitations pause or continue to run while the claim is in federal court? In holding that Congress used “stop the clock” tolling, an “off-the-shelf” legal device that pauses statute of limitations, …

Failing History: How Multinational Institutions Cannot Prevent Cultural Racketeering, Molly Luce

CMC Senior Theses

Cultural racketeering, the looting and trafficking of cultural heritage sites to fund conflict, violence, or terrorism, has become a prevalent issue across the globe in recent years. This paper identifies the main actors, the sellers and buyers, of the looted antiquities and outlines several cases. Sellers, such as ISIS or Al-Qaeda, pillage and traffic sites of cultural, religious, or historic importance as a funding source for their illicit activities. Buyers, which include museums and elite private collectors, purchase these antiquities and inadvertently fund terrorism. The international community has condemned these actors and implemented policies in response. The conventions that multinational …

A Theory Of (In)Justice: The Failure Of Tort Law To Secure Equal Respect For Women And A Feminist Contractarian Framework For Reform, Eva Augst

CMC Senior Theses

Traditional approaches to philosophical theories of tort law have systematically undermined the individual worth and security interests of women. However, torts also provide a particularly powerful avenue for reform, in that they embody the public power of private law and offer individuals the opportunity to seek recourse and accountability for wrongs. In this paper, I offer a framework for such reformist approaches to tort philosophy, predominantly inspired by Jean Hampton’s “Feminist Contractarianism,” which requires that women be recognized as individuals with intrinsic worth who are deserving of respect. To accomplish this, I first note the particular relevance of social contract …

More Than An Icon: Taking Shirley Chisholm At Her Word, Marissa Jackson Sow

Law Faculty Publications

Shirley Anita St. Hill Chisholm is an American hero, one whose legacy and likeness have achieved iconic status within popular political culture, particularly as women have increasingly sought elected office. In 2019 in her home state of New York, Governor Andrew Cuomo created a state park in her honor. Several months earlier, New York City mayor Bill de Blasio’s administration had announced the creation of a monument in Chisholm’s honor in Brooklyn’s Prospect Park. Both sites incorporate and rely on both the visual depictions of Chisholm that have become political iconography—the Congresswoman’s dark brown face and glasses centered by a …

Supreme Court Interruptions And Interventions: The Changing Role Of The Chief Justice, Tonja Jacobi, Matthew Sag

Faculty Articles

Interruptions at Supreme Court oral argument have received much attention in recent years, particularly the disproportionate number of interruptions directed at the female Justices. The Supreme Court changed the structure of oral argument to try to address this problem. This Article assesses whether the frequency and gender disparity of interruptions of Justices improved in recent years, and whether the structural change in argument helped. It shows that interruptions decreased during the pandemic but then resurged to near-record highs, as has the gender disparity in Justice-to-Justice interruptions. However, although the rate of advocate interruptions of Justices also remains historically high, for …

“The Glorious Liberty Of The Children Of God”: Toward A Christian Defense Of Human Rights, John Witte Jr.

Faculty Articles

It will come as a surprise to some human rights lawyers to learn that Christianity was a deep and enduring source of human rights and liberties in the Western legal tradition. Our elementary textbooks have long taught us that the history of human rights began in the later seventeenth and eighteenth centuries. Human rights, many of us were taught, were products of the Western Enlightenment—creations of Grotius and Pufendorf, Locke and Rousseau, Montesquieu and Voltaire, Hume and Smith, Jefferson and Madison. Rights were the mighty new weapons forged by American and French revolutionaries who fought in the name of political …

Deities’ Rights?, Deepa Das Acevedo

Faculty Articles

A brief commotion arose during the hearings for one of twenty-first-century India’s most widely discussed legal disputes, when a dynamic young attorney suggested that deities, too, had constitutional rights. The suggestion was not absurd. Like a human being or a corporation, Hindu temple deities can participate in litigation, incur financial obligations, and own property. There was nothing to suggest, said the attorney, that the same deity who enjoyed many of the rights and obligations accorded to human persons could not also lay claim to some of their constitutional freedoms. The lone justice to consider this claim blandly and briefly observed …

Response To Professor Dinner, Martha Albertson Fineman

Faculty Articles

I want to thank the Texas A&M Law Review for including my work in this special Issue and express my appreciation to Professor Dinner for her thoughtful comments concerning the evolution of my scholarship. Professor Dinner raises the question of whether that earlier work is relevant to the Dobbs v. Jackson Women’s Health Organization opinion, specifically, and to broader issues of reproductive justice, more generally. For me, Dobbs illustrates—once again—how our American obsession with both individual rights and Supreme Court jurisprudence can distort our sense of the possibilities for achieving social (or reproductive) justice. I see my work as an …

Contract Law Should Be Faith Neutral: Reverse Entanglement Would Be Stranglement For Religious Arbitration, Michael J. Broyde, Alexa J. Windsor

Faculty Articles

The first section of this Article will outline the ways in which communities—religious and other groups, including the LGBTQ+ community—have used and continue to use private law to achieve meaningful dispute resolution. By diminishing the role of civil courts to review arbitrations, parties may tailor their resolutions to prioritize community values that may be misaligned with secular society. Outside of historical religious usage, private law offers a field ripe for jurisprudential growth. Through alternative dispute resolution, affinity-based minority groups can pave an avenue towards justice which accurately reflects the unique values of their lived experiences.

The second section will provide …

How “Open” Are Australian Museums? A Review Through The Lens Of Copyright Governance, Paul L. Arthur, Lydia Hearn, Isabel Smith, Nikos Koutras

Research outputs 2022 to 2026

Museums are increasingly employing innovative digital techniques to curate, link, and market collections, enabling new kinds of public engagement to better connect with popular culture. By embracing contemporary modes of delivery to open access to their collections, museums are signalling a drive toward greater democratisation of knowledge and information through increased interaction and accessibility. Yet with this has come a series of copyright and legal complexities. This paper reviews current copyright barriers for museums in Australia and examines how international examples offer potential models and ways forward. The authors conclude that recent copyright modernisation reviews offer the museum sector an …

The American Tradition Of Self-Made Arms, Joseph G.S. Greenlee

St. Mary's Law Journal

No abstract provided.

New Frontiers In Technology: Can Traditional Intellectual Property Rights Laws Be Adapted And Applied To Nfts?, Mariyah S. Wakhariya

Catholic University Journal of Law and Technology

A decade ago, ‘NFTs’ were rarely heard of or known to anyone, unless they worked in or kept up with the tech world. However, they are not new - they have been around for almost two decades. Their popularity has grown over the past few years. ‘NFT’ stands for ‘non-fungible token’. An NFT is a digital file with a unique identity that is verified on a blockchain and is therefore not interchangeable - i.e., a kind of crypto asset, like an authentication certificate for digital artifacts. In theory, NFTs can represent almost any real or intangible property. These days, it …

Policing Queer Sexuality, Ari Ezra Waldman

Michigan Law Review

A Review of Vice Patrol: Cops, Courts, and the Struggle over Urban Gay Life Before Stonewall. By Anna Lvovsky.

Nepantla/Coatlicue/Conocimiento, Gerald Torres

Michigan Law Review

A Review of Borderlands/La Frontera: The New Mestiza. By Gloria Anzaldúa.

Justice Breyer And The Establishment Clause: Notes On "Appeasement," "Legal Judgment," And "Divisiveness", Richard W. Garnett

Journal Articles

Stephen G. Breyer served as an Associate Justice of the Supreme Court of the United States for nearly three decades. And yet, during his long career and notwithstanding his wide-ranging interests, he never authored a majority opinion resolving a dispute about the meaning of that Amendment’s Establishment Clause. Nevertheless, Justice Breyer’s writings and record regarding the no-establishment rule are distinctive in at least three ways.

First, there is the fact that he did not vote uniformly with his more secularist colleagues in divided Establishment Clause cases. That is, he often resisted the stricter applications of the no-establishment rule endorsed by …

Ambush, Reprisal, Riot, Revolt, And Reform: The Transnational Evolution Of British Colonial Policing In Ireland And The Palestine Mandate, 1918-1948, Tyler Kickler Krahe

Graduate Theses, Dissertations, and Problem Reports (ETD)

This dissertation looks at the changes in British colonial policing between Ireland and the Palestine Mandate from 1918 and 1948. This time period covers the duration of the Anglo-Irish War, as well as Britain’s mandatory control of Palestine. It is the argument of this work that from 1918 to 1936, between Ireland and the Palestine Mandate, British colonial police forces demonstrated a pattern of evolving police training, practice, and organization, spurred on by violent action and followed by attempts at reform. This pattern continued until the Arab Revolt of 1936 when the police forces in the Palestine Mandate abandoned attempts …

Bound To A Mast: Matelotage And The Queer Contract In Shakespeare's Twelfth Night And The Tempest, Agnese Palumbo

Comparative Literature M.A. Essays

Analyzing the language of a 1699 matelotage contract and locating that same terminology in Shakespeare’s maritime plays, this essay argues that there is a thematic and genealogical link between the contractual forms of homosocial union that existed during the premodern and early modern periods and the bonds shared by male characters in those plays where a “sea change” occurs. First, the essay delineates a history of matelotage and of contractual bonds; then, it establishes this homosocial dynamic as an additional point of inquiry for male relationships in Shakespeare. Critical attention has largely overlooked this queer contract, and prioritized a focus …

De-Nazifying By De-Cartelizing, Daniel A. Crane

Book Chapters

In 1945, a group of zealous American trustbusters, freshly groomed in the Brandeisian tradition of “anti- Bigness,” descended on the smoldering ruins of Germany, eager to identify and then nullify the culprits behind Hitler’s rise to power. Their eyes were fixed on the enormous industrial combines and cartel organizations that had sprung up in the German economy since the time of Bismarck, grown exponentially during the Weimar era, and then served as the economic infrastructure of the Third Reich. To the trustbusters in the Office of Military Government US (“OMGUS”) Decartelization Branch, the monopolies and trusts were the prime culprits …

A Qualitative Study Of Urban Male Perception And Definition Of Respect For Law Enforcement Officers, Kyla Duckworth Lurry

Walden Dissertations and Doctoral Studies

Among African American males, deaths are alarmingly high for reasons that cannot be completely pinpointed. The purpose of this study was to analyze the definition and perception of respect and law enforcement by an African American male and to determine if Goffman’s dramaturgical model is sufficient to explain the social acceptance respect phenomena. Micro-sociological assessments of everyday social interactions are often based on dramaturgy, a sociological perspective. In a dramaturgical model, social interaction is analyzed as an actor’s performance on stage. This study employed a qualitative design so that the research questions could be answered. Based on the findings of …

Gender Dynamics In The Management Care Of Internally Displaced Persons: The Boko Haram Insurgency, Evelyn Kikelomo Ikuenobe Otaigbe

Walden Dissertations and Doctoral Studies

The Boko Haram asymmetric insurgency and warfare have decimated the Northeastern region of Nigeria and its neighboring environs of Chad, Niger, and Benin. The purpose of this study was to explore the peculiar socioethnic and cultural challenges encountered by female victims of Boko Haram terrorism at internally displaced persons camps in Abuja, Nigeria, including challenges in functioning, relocating, and acclimating back into society. A phenomenological approach was applied to understand participants’ lived experiences. Data collection occurred through interviews and observation. Data analysis involved the synthesis of narratives, and generation of themes. Among the emergent themes were poor feeding; lack of …

Gender Dynamics In The Management Care Of Internally Displaced Persons: The Boko Haram Insurgency, Evelyn Kikelomo Ikuenobe Otaigbe

Walden Dissertations and Doctoral Studies

The Boko Haram asymmetric insurgency and warfare have decimated the Northeastern region of Nigeria and its neighboring environs of Chad, Niger, and Benin. The purpose of this study was to explore the peculiar socioethnic and cultural challenges encountered by female victims of Boko Haram terrorism at internally displaced persons camps in Abuja, Nigeria, including challenges in functioning, relocating, and acclimating back into society. A phenomenological approach was applied to understand participants’ lived experiences. Data collection occurred through interviews and observation. Data analysis involved the synthesis of narratives, and generation of themes. Among the emergent themes were poor feeding; lack of …

American Religious Liberty Without (Much) Theory: A Review Of Religion And The American Constitutional Experiment, 5th Edition, Nathan S. Chapman

Scholarly Works

Book review of Religion and the American Constitutional Experiment, 5th ed. By John Witte Jr., Joel A. Nichols, and Richard W. Garnett. Oxford: Oxford University Press, 2022. Pp. 464. $150.00 (cloth); $39.95 (paper); $26.99 (digital). ISBN: 9780197587614.