Law Commons^™

Nanaboozhoo And Derrick Bell Go For A Walk, Matthew L.M. Fletcher

Articles

When the Anishinaabeg were new to Anishinaabewaki, they knew little about how to fend for themselves. The animals and plants took pity on them and taught the Anishinaabeg. One winter, as the food stores of the Anishinaabeg were running out, an ininaatig (maple tree) saw an Anishinaabe innini (man) weakly scavenge for food. The ininaatig decided to offer part of itself to the Anishinaabeg. The ininaatig told the innini to cut off a branch. Ininaatigwabo, delicious, thick maple syrup, oozed from the stump. There was enough to feed the innini for many days. And there were many, many ininaatigoog …

An Ethnography Of Love Jihad: The Governance Of Interfaith Marriages In Times Of Hindutva, Snehal Sharma

Theses and Dissertations--Gender and Women's Studies

My doctoral research focuses on the violations of human and citizenship rights of women and religiously marginalized communities (based on religious differences) in the backdrop of right-wing movements in India. I assess the Hindu nationalist propaganda named “love jihad” to demonstrate the way it weaponizes religious exogamy. This propaganda legitimizes violence against Indian religious minorities and women as it claims that marriages between Hindu women and Muslim men are acts of terrorism against Hindus with the sole aim of increasing the Muslim population using Hindu women's bodies. I have used ethnographic research methods to explore the legal process of interfaith …

Implications Of The Second Chance Act For African American Females And Reentry: A Content Analysis Rooted In Critical Race Theory And Intersectionality, Tumia Romero

Antioch University Dissertations & Theses

This dissertation examines the content of the Second Chance Act (SCA) to understand its potential impact on the reentry of African American females into society, highlighting the intersectionality of race and gender within the criminal justice system. Despite the SCA’s intentions to facilitate the reintegration of incarcerated individuals, its language and implementation have mainly remained gender-neutral, not addressing the unique challenges faced by African American females. This study employs a qualitative content analysis approach to examine the Second Chance Act, assessing its effectiveness in addressing the social determinants and barriers to reentry that are specific to African American females. According …

Let's Talk About Sex: Investigating Radical Feminist Theories On Prostitution In The United States, Anna E. Peterson

Scripps Senior Theses

This paper explores the feminist debates surrounding prostitution through an analysis of Catharine MacKinnon and Andrea Dworkin’s abolitionist theories, juxtaposed with critiques from Wendy Brown, Janet Halley, Susie Bright, and Marxist feminist abolitionist Esperanza Fonseca. The text examines the systemic forces of patriarchy and capitalism that commodify women’s bodies and the challenges of legislative approaches to the sex trade. While MacKinnon and Dworkin identify the structural inequalities underpinning prostitution, their legislative proposals often fail to address the stigma and systemic conditions that perpetuate the marginalization of prostituted people. Critics like Brown and Halley highlight the limitations of punitive measures, calling …

Cracking The Quotas: The 1948 New York Fair Educational Practices Act And The Jewish Quest For Color-Blindness, Miyuki Kita

FIU Law Review

This article explores how vigorously Jews pushed to enact the 1948 New York Fair Educational Practices Act to fight anti-Jewish quotas in higher education. The Act was the first state-level legislation to prohibit higher educational institutions from excluding, limiting or otherwise discriminating against persons seeking admission as students because of race, religion, creed, color, or national origin. Seeking a way to overcome discrimination in university admissions, Jews sought to combat it by promoting racially and religiously neutral admission procedures within the broad context of the expansion of opportunities in higher education after World War II instead of directly attacking antisemitism. …

How Much Antisemitism Is There In The United States? Incidences Vs. Impacts, Ira Sheskin

FIU Law Review

The Anti-Defamation League (ADL) (www.adl.org), founded in 1913, is one of the nation's premier civil rights organizations and was formed to stop the defamation of the Jewish people and to secure justice and fair treatment to all. Every year since 1979, the ADL has published an Audit of Antisemitic Incidents in the US (https://www.adl.org/resources/report/audit-antisemitic-incidents-2023). The Audit receives significant publicity and is important in communicating the problem of serious antisemitic incidents and the year-to-year increases in such incidents. But, based on surveys of American Jews, the Audit underestimates the extent to which American Jews are being impacted by antisemitism. Survey data …

In Search Of A State, Maeve Glass

Faculty Scholarship

This article offers a legal history of one of America’s earliest campaigns of state legislative resistance: the effort in Massachusetts to protest the national government’s perceived dismantling of an old Atlantic commercial order from 1803 to 1815. To date, scholars have either condemned this protest as a dangerous harbinger of the Civil War or vindicated it as an inevitable and salutary extension of the Founding. This article steers a different course. By focusing on the evolving language of protest and the complex hybrid of ideas and material realities from which this language emerged, this article illuminates how Federalist leaders who …

The Towering Inferno: Art, Policy, And Legacy, Charles R. Jennings

Publications and Research

The Christian Regenhard Center for Emergency Response Studies, leveraging the expertise of its faculty, staff, Advisory Board and colleagues, has consistently programmed activities focused on high-rise fire safety. The upcoming 50^th anniversary of the film The Towering Inferno was an inspiration.

We decided this would be more lighthearted and less purely technical than many of our events. We wanted to consider both the film, and use it to reflect on the state of fire safety in tall buildings in New York City.

Of course it does not escape us that the topic of fire safety is a serious one, …

How Halal Certification And Islamic Ethics Tackle Greenwashing: New Solutions For A Sustainable Economy, Muhammad Afif Ryan Pratama

Journal Of Middle East and Islamic Studies

This research explores the role of halal certification and Islamic ethics in addressing greenwashing within the financial sector. Greenwashing, the practice of exaggerating environmental responsibility, undermines genuine sustainability efforts and trust among consumers and investors. Islamic finance, based on principles of transparency, social justice, and ethical business practices, provides a robust framework to counter such deceptive practices. The study proposes expanding halal certification to incorporate environmental standards, ensuring that companies demonstrate both ethical and sustainable practices. This integrated approach offers a unique solution to combat greenwashing and aligns with broader sustainability goals. By including sustainability in halal certification, the credibility …

Impacto De La Pandemia De La Covid-19 En Las Familias De Los Jóvenes Universitarios De Las Poblaciones Rurales Mayas Del Estado De Yucatán, Jorge Atocha Pacheco Castro

Journal of Maya Heritage

Abstract. This study examines the impacts of the COVID-19 pandemic on the families of university students from rural Maya communities in Yucatán, Mexico. Utilizing an anthropological framework, the research highlights the interplay of structural vulnerabilities and cultural resilience. It explores how families navigated economic challenges, social interactions, and cultural practices amid the crisis. Key findings include the reliance on traditional subsistence practices such as small-scale agriculture and backyard farming, which provided a safety net during economic downturns. Socially, rural families reported lower stress levels and stronger communal bonds compared to their urban counterparts, owing to expansive living spaces and outdoor …

Increasing Youth Engagement In Community Heritage And Social Justice Through Implementation Of A Youth Participatory Empowerment Model, Jancarlos Wagner-Romero, Mary Gillis, Lindsay Clemens, Amanda J. Dworak Rowland, Curlinda Mitchell-Blacksheep, Melanie Canaday-Talley

Journal of Multicultural Affairs

Youth in traditionally marginalized communities are often the target of policies and practices without the opportunity to provide input. This article highlights effective strategies to empower youth to become active participants in their communities. Using a Youth Participatory Empowerment Model (YPEM), youth participants from six demographically distinct communities engaged in YPEM-supported activities and strategies to identify and address a need within their community. To gain insight into successful strategies, qualitative data from pre and post implementation focus group interviews and observational field notes informed the conclusions. The participant youth represent tribal, undocumented, rural, suburban, and urban youth from underserved populations. …

Bench Stacking And Biases: The Icj’S Partial Decision In Yugoslavia V. Nato Members In Comparative Perspective, Jeffrey S. Bachman

Genocide Studies and Prevention: An International Journal

Since the Genocide Convention was adopted by the General Assembly in 1948, eight cases have been brought to the ICJ by invoking Article IX of the Genocide Convention as a basis of the Court’s jurisdiction. Only two cases have reached their conclusion based on the merits of the case, with others decided during preliminary proceedings, while still others remain ongoing. There have been numerous studies of ICJ impartiality, with particular focus on judges’ voting records, using large amounts of data to discern any trends and biases. This article is the first attempt to comparatively analyze ICJ genocide cases using an …

Reviving The Genocide Convention’S Preventive Purpose, Yonah Diamond, John Packer

Genocide Studies and Prevention: An International Journal

The contemporary discourse on genocide is dominated by international criminal law, designed to punish individuals after the fact. This article proposes a legal framework derived from Public International Law and the Genocide Convention’s original purpose to prevent genocide. We clarify the conceptual and practical differences between individual criminal responsibility for the crime of genocide and State responsibility for breaches of the Genocide Convention, including distinct standards of proof and indicia of intent. We propose correctives to prevailing errors. We argue for a more appropriate and flexible standard of proof for State breaches of the Genocide Convention. We further outline a …

Rethinking The Application Of Formal And Informal Justice Responses To Conflict Related Sexual Violence In Uganda, Josephine Ndagire

Genocide Studies and Prevention: An International Journal

Nearly sixteen (16) years since the "Agreement on Cessation of Hostilities Between the Government of the Republic of Uganda and Lord’s Resistance Army/Movement" (Juba Peace Agreement), accountability mechanisms envisaged therein have hardly provided meaningful redress, if at all, to victims of conflict-related sexual violence (CRSV). The peace negotiations took place shortly after the ICC issued arrest warrants for top commanders of the Lord’s Resistance Army (LRA) who insisted on being tried at home. In a bid to balance the demands of peace and justice, a local accountability mechanism was agreed. The mechanism would work parallel to traditional justice mechanisms in …

After Impunity: The Anti-Impunity Norm, The Colombian Special Jurisdiction For Peace, And The Future Of International Criminal Law, Max Pensky

Genocide Studies and Prevention: An International Journal

The predominance of international criminal law as a frontline response to atrocity crimes prioritizes the countering of impunity as an overarching goal. A corresponding “anti-impunity norm” identifies the legal punishment of individual perpetrators as a core requirement in legal responses to atrocities. This anti-impunity norm – the requirement to prosecute and punish – is also a legal obligation for state parties to the International Criminal Court. But the anti-impunity norm equates impunity’s opposite – accountability – with the imposition of legal punishment. This narrow interpretation of impunity places limits on states’ ability to craft context-specific responses to atrocities while also …

Beyond Hierarchy: Investigating The Role Of Complex-Fluid Structures In The Accountability Of Criminal Organizations, María Manuela Márquez Velásquez, Rodrigo Moreno

Genocide Studies and Prevention: An International Journal

Globalization and technological development have led to quick transformations in criminal organizations, adapting to new forms/degrees of control and hierarchy. Existing legal frameworks governing responsibility for atrocity crimes have developed from the experiences of Western (center) countries and their understanding of traditional warfare structures. Thus, peripheral regions have been forced to employ doctrines with weak sociological basis. New and conventional local dynamics inside organizations and their consequential fluidity challenge the applicability of traditional modes of liability when seeking their members’ accountability.

This paper inquires about the suitability of two modes of liability under ICL –perpetration through an organization and superior …

Assembling Pieces Of Accountability For The Srebrenica Genocide, Annick Pijnenburg, Nataša Nedeski

Genocide Studies and Prevention: An International Journal

The Srebrenica genocide has been the subject of multiple legal proceedings against various actors before different courts, at both the national and international level. Amongst others, the International Criminal Tribunal for the Former Yugoslavia has sentenced various individual perpetrators, the International Court of Justice has ruled on the responsibility of the Serbian state, and Dutch courts have been asked to rule on the liability of the Dutch state and the United Nations. This raises the following question: to what extent have multiple adjudicatory mechanisms across legal regimes managed to deliver accountability for the Srebrenica genocide and what are the remaining …

If Only Justice Could Heal Or Make Whole: Hard Lessons From Rwanda’S Legal Responses To Genocide And Mass Atrocity, Gerald Gahima

Genocide Studies and Prevention: An International Journal

My reflections on the limits of legal responses in Rwanda stem from both academic and lived experience. I served as Rwanda’s Deputy Minister of Justice (1996–1999), Prosecutor General (1999–2003), and Deputy Chief Justice (2003–2004) during the period after the genocide. In those roles, I had access to a large volume of information drawn from policy- making roles, case files of members of my staff, as well as my own fieldwork relating to the suffering of victims of the genocide. While I obviously believe that justice for those crimes is not in vain, my work with survivors left me with an …

Global Human Rights Sanctions: How Can They Contribute To Addressing Mass Atrocities?, Yifan Jia

Genocide Studies and Prevention: An International Journal

Global Human Rights Sanctions (GHRS) have been used in over 30 countries as a mechanism for imposing unilateral human rights sanctions on individual perpetrators. Despite the hundreds of specific sanctions that have been imposed globally, there remains a lack of understanding about how these measures function on gross human rights violations. This article seeks to explore how GHRS, as an emerging human rights mechanism, contributes to addressing mass atrocities. I categorize the functions of GHRS into two phases: post-atrocity and pre-atrocity. In the post-atrocity phase, I identify three primary objectives asserted by sanctioning states: punishing perpetrators, promoting behavioral change, and …

Volume 7 (2024) Artificial Intelligence And Responsibility, Arwa Alnajashi, Danielle Derise, Philip L. Frana, David Mcgraw, Amanda Sawyer, Tatjana Titareva, Raafat Zaini, Allie Zombron

International Journal on Responsibility

The seventh volume of the International Journal on Responsibility (IJR) arrives at a crucial moment in the evolution of artificial intelligence and its integration into our academic and social fabric. As we witness the rapid advancement and deployment of AI systems across various domains, this special issue examines the multifaceted dimensions of responsibility surrounding AI technology, with a particular focus on its role in higher education and broader societal implications.

The articles in this volume contribute to our understanding of responsibility through diverse lenses, from classroom implementation to ethical design considerations. Together, they fulfill IJR’s central mission of exploring “Who …

Education Within Prisons: The Good And The Bad, Tristan T. Morris

Quest

Independent Study

Research in progress for CRIJ 1301: Introduction to Criminal Justice

Faculty Mentor: Stefanie LeMaire

This manuscript began from a response to a discussion prompt in my Introduction to Criminal Justice course where students were asked to discuss some of the issues facing inmates upon release from incarceration. Tristan completed outside research on the relationship between education and recidivism among incarcerated individuals. More specifically, she wanted to discuss the barriers to successful reintegration and programs that have been introduced to address these concerns. Most offenders will be released from incarceration, and they will reenter our society. There is a …

¿Qué Futuro Les Espera A Los Trabajadores Latinos? El Calor Extremo, Las Promesas Vacías Y La Incertidumbre Política, Yunior Rivas Garcia

Capstones

Este artículo explora las condiciones mortales que enfrentan los trabajadores latinos en Estados Unidos debido al estrés por calor, un riesgo creciente en sectores esenciales como la construcción, la agricultura y el almacenamiento. A pesar de representar una proporción significativa de las muertes laborales, las protecciones contra el calor son insuficientes, y la falta de regulación federal agrava la vulnerabilidad de estos trabajadores, muchos de los cuales son indocumentados. A través de casos específicos, como la muerte de Esvin Cruz Mateo, y un análisis de las políticas laborales actuales, el texto examina las fallas estructurales que perpetúan la inseguridad laboral …

Institutions Matter: How So?, Alper Duman

Markets, Globalization & Development Review

This paper examines the influential theory of Daron Acemoglu, Simon Johnson, and James Robinson (AJR) on the role of institutions in economic development, highlighting its strengths, limitations, and areas for further research. A central contribution of their work is the emphasis on power and conflict in institutional formation and change.

The theory's focus on the interplay between inequality, political power, and institutional change provides a valuable framework for understanding development trajectories. This paper also considers critiques of AJR's work, including the lack of robustness of the positive correlation between inclusive institutions and economic performance in lower-income countries and the significant …

Latinas In Law Enforcement: Tokenism, Barriers And Changes Along The Narrow Bridge To Promotion, Saturnino Velazquez

College of Education Theses and Dissertations

The purpose of this qualitative study was to better understand and analyze themes and patterns shared among the lived experiences of 12 female Latina Law Enforcement Officers (LEOs) in male-dominated police departments in the Midwest (Illinois and Minnesota). The researcher chose to adopt a basic interpretive qualitative research methodology for this study because it provides a flexible and useful research tool, and provided a broader approach to interpreting meaning from rich and detailed data, yet complex, and account of semi-structured interviews that served as a data collection instrument. This study was guided by the theoretical framework of Kanter’s research on …

Air Supremacy, The Enabler Of Close Air Support Operations – An Evaluation Of Past, Present, And Future Air Campaigns., Owen Topolnicki

Senior Honors Theses

The achievement of gaining aerial supremacy, or lack thereof, is the hinge upon which Close Air Support (CAS) swings. The attainment of it enables CAS specialist aircraft, not unlike the Ju-87 Stuka or A-10 Thunderbolt II, to be exceptionally effective in their operating environment. While the lack of it, forces aircrews to pioneer new solutions either in the form of multi-role aircraft (capable of self-defense), or other innovative solutions similar to unmanned aerial systems (UAS’s), as aptly seen in the ongoing Russo-Ukrainian conflict. Thus, the ability of an air force to gain air supremacy and to do so quickly, …

Clark Memorandum: Fall 2024, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• No Room for Compromise: Religious Polarization in the United States
• A Banking Lawyer’s Perspective on the Kirtland Safety Society Anti-Banking Company
• Hope in Dark Times
• Becoming a Master of Your Thoughts

Limitation For Liberty: A Commentary On Federalism And The Tenth Amendment, Riley Banker

Senior Honors Theses

The concept of Federalism is essential to the very survival of the United States. However, recent decisions by the Supreme Court have illustrated attempts by the federal government to expand its authority and undermine the balance of power created by Federalism. This thesis will explore the concept of Federalism to demonstrate how it can best be protected. First, this thesis will address the origins of Federalism. Second, it will show how the principles of Federalism are manifested within the founding documents of the United States. Finally, this thesis will analyze current events including Supreme Court cases to demonstrate a concerning …

Recovering Constitutional Identity In Colonial South India: Sedition, Sovereignty, And Small-C Constitutionalism In Pudukkottai, Bharath Gururagavendran

National Law School Journal

Constitutional identity is easiest to identify when it has already been credentialed: by a constitutional text, constituent authorisation, or judicial recognition. What remains visible when those markers are absent? Through a historically grounded study of the ‘Little Kingdom’ of Pudukkottai, a princely state in colonial South India, this article examines whether constitutional identity can be recovered from the small-c life of a polity whose opportunities for formal constitution-making were structurally foreclosed. Pudukkottai had no big-C moment. Its constitutional life, if it had one, must be reconstructed from less authoritative materials. The article argues that the absence of a constitutional text …

Two Forms Of Formalism In Contract Law, Gregory Klass

Cardozo Law Review

Formalism in contract interpretation has had many defenders and many critics. What lawmakers need, however, is an account of when formalism works and when it does not. This Article addresses that need by providing a general theory of contract exposition and differentiating between two forms of formalism in contract law. Formalities effect legal change by virtue of their form alone, thereby obviating interpretation. Examples include “as is,” the seal, and sometimes contract boilerplate. Evidentiary formalism, in distinction, limits the evidence that goes into interpretation. Plain meaning rules are an example of evidentiary formalism. This Article provides a detailed analysis of …

French Foreign Policy And Its Tendencies While Approaching International Relations Through Multilateralism, Dipin Subedi

Master's Theses

This paper studies the pattern of French foreign policy with respect to one objective: whether through the means available – namely economic, diplomatic, and military – it adheres to the principle of achieving multilateral goals or not. The multilateral institutions that are used in this study as a ground for comparison are NATO, the E.U., and the U.N. all of whom hold France as their member. Nine different categories with distinct characteristics are created that contain one primary case study. Certain expectations on how France could deal with the nation in a particular case study is gathered through hints contained …