Law Commons^™

Identifying Intangible And Biocultural Heritage Elements Toward Environmental Understanding: Engaging Stakeholders Through Art, Martha B. Lerski

Publications and Research

Grounded in a case study in Barbuda in the Caribbean, this research examines sustainability from the perspective of what arts and heritage can contribute to community engagement and local and broader understandings about the environment. This article documents a growing body of literature recognizing the role of arts and culture, including local knowledge and traditional ecological knowledge (TEK), in climate change endeavors. Art and TEK present expansive world views. Contextual information situates research done on the island of Barbuda pre- and post-Hurricane Irma. Visual arts workshops engaged community members in mixed methods research. Results documented cultural elements, particularly intangible and …

From 1957 To 2023: How The Supreme Court Prevented Little Rock Schools From Achieving The Ideal Of Desegregation, Nyssa Kruse

Indiana Journal of Law and Social Equality

No abstract provided.

The Failure Of Fcc Diversity Initiatives: A Postmortem And A Proposal, Christopher Terry, David Pritchard

Indiana Journal of Law and Social Equality

No abstract provided.

Seeking Safety And Losing The Self: Affirmative Action Bans And The Whitening Of Mexican American Identity, Bella Bennett

Indiana Journal of Law and Social Equality

No abstract provided.

A Personal Interview With William Patry: His Thoughts On Music, Ai, And Copyright

IP Theory

No abstract provided.

The Unauthorized 2025 Beginner’S Guide To Classical Music And The Dso Soundcard, Stephen Calkins, Tierney Hoffman

Law Faculty Research Publications

No abstract provided.

Courting Bias: Effects Of Gender Socialization And Judges' Genders On Litigants And The Judiciary, Ellie Barmes

Indiana Journal of Law and Social Equality

No abstract provided.

Terms, Conditions, And Responsibility: Who Is Responsible?, Dara Schoolcraft

CMC Senior Theses

In this thesis I explore the dynamics of responsibility in the context of terms and conditions agreements between corporations and consumers. I begin by highlighting how the burden of understanding terms and conditions has been shifted onto consumers and examine real-world conflicts arising from this shift, such as the wrongful death lawsuit involving Disney and data-sharing practices by General Motors. I argue that consumer responsibility, rooted in Kant’s Categorical Imperative, is not a reasonable solution due to barriers like low literacy levels and information asymmetry. Instead, I advocate for a corporate-centered approach, emphasizing the ethical duty of corporations to ensure …

A Multiple Perspective Analysis On Urban Poverty In Developing Nations: A Case Study On Nigeria, Colonial Implications, And Modern-Day Outcomes, Julian Rivera-Williams

CMC Senior Theses

This paper will dissect urbanization and poverty in Nigeria as a case study of the challenges of underdevelopment and the lingering effects of colonialism in Africa. To draw a complete understanding of challenges faced by developing nations facing systemic underdevelopment, high poverty, and low productivity– nations like Nigeria, my research will uncover colonial impacts and post-colonial policies that initiated urban poverty and underdevelopment outcomes we see today. The purpose of my thesis is to encompass existing fragmented academia on the causes and consequences of underdevelopment and connect historical implications to current impacts of global development today including the influence of …

The Black Spectacle And Oppressive Double Binds: What Rap On Trial Reveals About Race, Exploitation, And Criminalization In The Music Industry, Giovanni Pierre

CMC Senior Theses

In this paper, I investigate the paradox revealed by the Young Thug trial where certain portrayals of Blackness in rap music are simultaneously praised and punished by white institutions. I propose that the theatrics of the Young Thug trial and other instances of rap lyrics used in criminal trials are emblematic of what I call the Black Spectacle. The Black Spectacle is the role Blackness plays in American entertainment. It has three elements: (1) It entertains white audiences because of Black people’s perceived otherness, (2) it provides white people, particularly white men, with a vehicle through which they can …

Invisible No More: Looking And Listening Locally To Build Conflict-Related Sexual Violence Resilience, Anjali Thakore

CMC Senior Theses

The ubiquity of sexual violence, with its devastating physical and psychological consequences, has rendered conflict-related sexual violence (CRSV) one of the most effective and enduring “invisible crimes” of war. Despite receiving growing attention across academic, political, and activist circles, wartime sexual violence remains pervasive in contemporary conflict zones. Against the backdrop of these frequent and recurring violations, this thesis explores the dissonance between high-level rhetorical commitments to preventing and punishing CRSV and on-the-ground realities. What soon emerges is a troubling pattern in which gendered violence—and women’s lived experiences more generally—while increasingly visible in theory, remains marginalised in practice. By investigating …

Transnational Legal Violence: Undocumented Women V. U.S. Immigration Law, Luis A. Mendoza

CMC Senior Theses

This thesis examines how undocumented women, particularly Latinas, experience "transnational legal violence" within the U.S. immigration system. Transnational legal violence extends the framework of legal violence by identifying how immigration policies weaponize absence and distance across national boundaries, forcing women to choose between physical safety and legal recognition. The thesis is guided by a central question: What immigration system are migrant women, specifically Latinas, responding to?

The analysis rooted in the intersections of gender and citizenship reveals how immigration law remains rooted in coverture traditions that historically rendered immigrant women dependent on male U.S. citizens. For these women, deportation presents …

The Inextricable Link Between Gendered Security And State Stability: Strategic Costs Of U.S. Humanitarian Retrenchment, Kirby Eh Kimball

CMC Senior Theses

This thesis examines the strategic consequences of the 2025 U.S. foreign aid freeze on gendered security in conflict-affected states, focusing on Sudan, Syria, and Ukraine. It argues that gendered security—the protection, empowerment, and rights of women and girls—is not a peripheral humanitarian concern but a foundational determinant of state stability, development, and democratic resilience. Through a qualitative comparative case study methodology, the research synthesizes empirical literature, United Nations reports, human rights documentation, and cross-national statistical analyses to demonstrate how the collapse of gender-focused humanitarian programs following the aid freeze will critically exacerbate conflict-related sexual violence (CRSV), weaken state institutions, and …

Fiscal Citizenship And Taxpayer Privacy, Alex Zhang

Faculty Articles

Should individual tax data be public or confidential? Within the United States, secrecy has been the rule since the Tax Reform Act of 1976. But at three critical junctures—the Civil War, the 1920s, and the 1930s—Congress made individual tax records open for public inspection, and newspapers published the incomes of the billionaires of the time. Today, Finland, Norway, and Sweden all mandate significant transparency for individual tax information.

This Essay intervenes in the tax-confidentiality debate by building a new analytical framework of fiscal citizenship. Until now, scholars have focused on compliance—whether disclosure incentivizes honest reporting of income, and if it …

Healing Communities With Police Divestment: Seeking Abolition Through Transformative Reform And Community-Government Collaboration, Jessica E. Gillson

Undergraduate Honors Theses

Concerns about the efficacy and sustainability of the U.S. carceral system have persisted throughout the country’s history, recently fueling renewed activism and bipartisan calls for reform. However, proposed solutions remain divisive. This thesis first defines the current status of our prison systems, then explores collaborative alternatives to incarceration and policing that support communities and break cycles of incarceration.

Focusing on partnerships among local governments, community organizations, justice-involved individuals, and law enforcement, this study examines holistic approaches to crime prevention, reentry, and reintegration. Using an interdisciplinary framework incorporating restorative justice, community resilience, and systems theory, it investigates how community-based strategies can …

Te Kaitiakitanga O Ngā Tūpuna: Restructuring Repatriation And Globalizing Decolonial Indigeneity, Kailee A. Hall

Undergraduate Honors Theses

Preserving cultural heritage through repatriation has admittedly worked against Indigenous communities because museums have maintained a system of control over their belongings and have fractured their trust in partnerships. Repatriation is the process by which Indigenous belongings, land, and people are returned, and must be decolonized into a system of support within museums’ institutional structures. The aim of this thesis is to analyze how the institutional mechanisms for repatriation are ineffective and offer a new framework to be globalized and accessible. While decolonial theories and methods act as a lens, Māori educationalist Graham Hingangaroa Smith’s Kaupapa Māori is a theoretical …

Hierarchies Of Violence, Victimhood, And Remedy In The Pursuit Of Women's Rights After War, Marie Berry, Milli Lake, Sinduja Raja, Soraya Zarook

English Faculty Publications

Recent postwar recovery efforts have paved the way for reforms that advance women's participation in politics, inclusion in the economy, and access to justice. In this article, we show how a singular emphasis on gender reforms after war that are inattentive to other societal cleavages can leave various forms of marginalization in the shadows. Subnational interviews on the reverberations of gender reforms in five postwar countries expose three hierarchies that structure access to rights for war-affected communities. We reveal which violence is privileged, whose violence is privileged, and which responses are privileged from the perspectives of differently situated war-affected women, …

[Review Of The Book Closed Seasons: The Transformation Of Hunting In The Modern South, By J. Brock]., Tracy L. Barnett

History Faculty Publications

[Introduction] The hunt has long occupied a central place in southern lore and literature. For generations, fathers and grandfathers initiated their sons into its rituals, teaching them to steady a rifle, bait a hook, and cast a line. In the twentieth century, William Faulkner and other writers elevated this long-held tradition into mythology, evoking both the exhilaration of the chase and the gothic romance of Mississippi’s pine forests. And, today, around 5.3 million southerners (of all races and genders) hold hunting licenses and organize their calendars around the season’s rhythms and associated social gatherings. Focusing on the Deep South states …

A Forgotten Piece Of History: The Story Of The First Municipal Council Of Colombo, Sri Lanka, Chandra Richard De Silva

History Faculty Publications

The website of the Municipal Council of Colombo asserts that it was founded in 1865 (Colombo Municipal Council, 2015). This is also the story that is recounted in scholarly histories of Colombo, in modern websites and in popular accounts of the history of the city. The objective of this article is to demonstrate that Colombo had a municipal council as early as the sixteenth century and to illuminate the story of its existence for over 70 years - until well into the seventeenth century. It also explores the functions of the council, its relationship with Portuguese officials who ruled the …

An In-Depth Review Of Euthanasia-Related Practices, Arguments For/Against Them, And Proposed Solutions For Their Most Glaring Legal/Ethical Problems, Macon Plecha

Williams Honors College, Honors Research Projects

This paper’s goal is to cover the topic of euthanasia-related practices at great length. Terminology, history, and current programs around the world are discussed first, with the last point covering a wide geographical range: Colombia, Japan, Israel, and Africa, to name a few outside of the Western world standard. Arguments for and against euthanasia-related practices are explored. Within these arguments, several pressing legal and ethical issues arise, and the most severe of these are expanded on through the offering of potential solutions: how to handle stand-alone psychiatric cases, how to improve advanced directives and poor reporting rates, and how to …

The Judicial System Of Kazakh Beys In Central Asia: Shari'a And Customary Law, Dinmuhammad Smanov Kul, Alau Adilbayev, Rakhimov Abdukhalik, Yerzhan Kalmakhan

Occasional Papers on Religion in Eastern Europe

This study examines the judicial practices of Kazakh beys in 18th–19th century Central Asia, emphasizing their application of Islamic fiqh alongside traditional Kazakh customary law (adat). In a decentralized and nomadic society, beys acted as hybrid legal authorities, integrating Shari’a principles – such as ‘adl (justice), maslaha (public interest), and ijtihad (independent reasoning) with local customs to resolve disputes over property, family matters, and blood feuds. Through historical-legal analysis of oral traditions, archival documents, and ethnographic accounts, the research demonstrates how beys preserved Islamic legal norms while adapting them to practical realities, creating a dynamic model of legal …

What Can Copyright Law Learn From Greek Tragedy?, Mira Moldawer

Marquette Intellectual Property & Innovation Law Review

None.

Preventing Chemical And Biological Attacks: Enhanced Threats Requiring Enhanced Solutions, Alex Elliot Ottoni-Belval

Graduate Theses/Dissertations

Chemical weapons (CW) and biological weapons (BW) are becoming more dangerous for experts to employ and more accessible to amateurs. Despite CW and BW attacks throughout history that killed and maimed millions of people, the international community has failed to establish meaningful consequences to prevent them. Agreements such as the Chemical Weapons Convention and the Biological Weapons Convention vow to eliminate and reduce the effects of CWs and BWs but lack respected response precedents and capabilities. The limited and inconsistent enforcement has inadvertently allowed CWs and BWs to become plausible weapons, especially to gain asymmetric advantages, while modern developments exasperate …

The Complex And Marginalized Experiences Of Bipoc Trafficked Women: An Examination Of Disabilities, Aces, Discrimination, And Racism, Jacquelyn C. A. Meshelemiah, Fabian Arroyo Rojas, Hannah Ruth Steinke, Marlene Carson, Justin A. Haegele

Human Movement Studies & Special Education Faculty Publications

The purpose of this study was to examine the lived experiences and multiple identities of disabled BIPOC trafficked women. The findings from this study help to identify a carousel of victimization experienced by disabled BIPOC trafficked women, starting with adverse childhood experiences, onto trafficking victimization that differed between Black and White women, and later while seeking services. These findings highlight the need for providers and researchers to think beyond monolithic identities and consider the intersecting ways in which various forms of oppression (ableism and racism) influence the experiences of disabled trafficked BIPOC women.

Unveiling Trauma And Seeking Justice: Exploring Mass Atrocities Against Tamils Through The Lens Of Religion, Culture, And Global Justice, Arrabe Vigneswaran

Theses and Dissertations (Comprehensive)

This paper examines the mass atrocities committed against the Tamil population in Sri Lanka, analyzing them through the interconnected lenses of religion, culture, and global justice. It explores how Sinhalese-Buddhist nationalism, codified through legal and constitutional mechanisms such as the Sinhala Only Act and state-sponsored cultural erasure, facilitated the systemic marginalization, displacement, and dehumanization of Tamils. The study investigates the legal, political, and cultural underpinnings of these acts ranging from war crimes and ethnic cleansing to potential genocide while assessing the reluctance of both domestic and international actors to enforce meaningful accountability. Drawing on hybrid court models, transitional justice theories, …

Geographies Of Trauma And Healing: Resistance, Resilience, ‘Ustawi Wa’, And The Lived Experiences Of African Women Refugees From The Ehagl Region In Canada, Rosemary Njeri Kimani-Dupuis Dr., Rosemary Kimani-Dupuis

Theses and Dissertations (Comprehensive)

This dissertation explores the lived experiences of African women refugees from the East and Horn of Africa and Great Lakes (EHAGL) region resettled in Ontario, Canada, with particular focus on the complex intersections of trauma, resilience, and healing within global refugee governance. It asks: How do the gendered and spatial dynamics of refugee protection and Canadian settlement systems sustain structural violence against African women refugees, and how do their transnational experiences challenge and reshape dominant frameworks of care, well-being, and institutional response?

Through a multi-scalar analysis—macro (legal governance frameworks), meso (institutional actors), and micro (women’s narratives)—the study explores how trauma …

Introducing Justice And Rights To Students Of Economics, Mark D. White

Publications and Research

Most economics instruction is focused on outcomes, whether evaluated in terms of individual or collective welfare or well-being. This is consistent with economics’ roots in classical utilitarianism, and no consideration is usually given to the process by which these results obtain, which is a deontological concern of right and wrong. This can seem odd to economics students, especially in the context of trade-offs in which one party is benefited at the expense of another, or aggregate welfare is maximized while some individuals are harmed, with no consideration in either of rights, desert, or justice. This chapter argues for the importance …

Highlighting Black Students At Colorado Law, 1896-1968, Rebecca Ciota

Publications

No abstract provided.

Command And Consequence: Reassessing King David’S Military Decisions In The Uriah Affair – A Legal And Ethical Analysis In The Context Of Modern Legal Theory, Jonathan Hasson, Oded Mudrik, Abraham Tennenbaum

Touro Law Review

This study critically reevaluates King David's command in 2 Samuel 11 and 12 to place Uriah the Hittite in the battle's frontlines, resulting in his death, through the contemporary lens of military law and ethics. By juxtaposing the ancient narrative with modern legal doctrines, it investigates the complexities of command responsibility and the intersection of personal motives in military orders. Focusing on the interplay between David's personal entanglements with Bathsheba and his official capacity as a military leader, the analysis navigates the ethical quandaries and legal ramifications of his decisions. This piece methodically dissects the Biblical text and contemporaneous legal …

Insects, Ai Systems, And The Future Of Legal Personhood, Jeff Sebo

Animal Law Review

This Article makes a case for insect and AI legal personhood. Humans share the world not only with large animals like chimpanzees and elephants but also with small animals like ants and bees. In the future, we might also share the world with sentient or otherwise morally significant AI systems. These realities raise questions about what kind of legal status insects, AI systems, and other nonhumans should have in the future. At present, debates about legal personhood mostly exclude these kinds of individuals. However, I argue that our current framework for assessing legal personhood, coupled with our current framework for …