Law Commons^™

Copyright For Imitations: Looking At The Registered Design Book Of William Stirling & Sons, Isabel Monseau

Textile Society of America: Symposium Proceedings

The design and production of printed cotton in the United Kingdom underwent great changes through the nineteenth century. However as the industry grew, many manufacturers became concerned about a perceived decline in the quality of textile design. An attempt made to regulate this industry, the Copyright of Design Act of 1842, proposed to improve the quality of British production by enabling designers and proprietors to register their textile designs and thus prohibit other firms from pirating those original designs.

Yet imitations were crucial to the development and success of Britain’s cotton printing industry. By the 1870s, up to 60% of …

Originalism & Judicially-Enacted Religious Exemptions: Revisiting Employment Division Of Oregon V. Smith, Eric Russell Coykendall

CGU Theses & Dissertations

In the 1963 case Sherbert v. Verner , the Supreme Court read the First Amendment’s Free Exercise Clause to mean that, in certain cases, religious believers should be exempted from otherwise applicable laws. In 1990, the Supreme Court essentially overturned that framework in the case Employment Division of Oregon v. Smith . The Smith case has proved quite controversial, and numerous public-interest law firms, especially those that defend religious litigants, have regularly asked the Court to overturn it in favor of a re-application of the Sherbert precedent. Their contention is often that the Smith ruling is inconsistent with the original …

Toward Equal Access: A Model For Lay Advocacy Programs Serving People Who Are Deaf Or Hard Of Hearing, Melissa Bell

JADARA

Advocacy programs are prevalent among state government agencies that specialize in serving persons who are deaf or hard of hearing around the United States. The work is crucial to ensuring equal access and equal opportunity, yet the lay advocacy profession is not yet formalized with certification, ethical standards, or training programs for advocates serving this population. Research was conducted to advance efforts to maximize these programs’ effectiveness by compiling components of an ideal model for lay advocacy programs. Directors from state agencies that specialize in serving this population around the country refined the model and described the structure of their …

Navigating Sexual Consent In Japan, Samara Mizutani Cesar

Graduate Theses/Dissertations

Employing an exploratory sequential research design, including focus groups and an online survey, this thesis explores the factors influencing how Japanese people navigate the gray zones of sexual consent. This study not only addresses gaps in the literature on sexual consent but also provides a preliminary understanding of Japanese individuals’ perceptions, beliefs, behaviors, and experiences in ambiguous sexual interactions, which is particularly meaningful given Japan’s recent legal revisions and changing sociocultural landscape. Findings indicated the impact of traditional sexual scripts on consent perceptions, with gender and relationship norms contributing to the dismissal of sexual assaults within specific relationships. It was …

Body. Freedom. Choice: Creating Artwork In Post-Roe America, Erin Sedra

Graduate Theses/Dissertations

I knew from a young age that I never wanted children. Whenever I expressed my disinterest in motherhood, I was often met with bewilderment, disapproval, and hostility. The church I was raised in taught me that my value and worth as a woman directly correlated with the power of my birthing hips. This fundamentalist upbringing has significantly shaped my relationship with my femininity, my body, and my artwork. When I feel powerless, turning to my art gives me a sense of control and self-expression. This body of work began as a reaction to the overturning of Roe v. Wade and …

Outpatient Fall Prevention In Ambulatory Adults 65 Years Old And Over, Dorothy L. Osborne-White

Doctor of Nursing Practice (DNP) Scholarly Projects - Archive

Background: In the United States (U.S.), falls are the leading cause of injury among adults 65 and over, resulting in 36 million falls yearly (Moreland et al., 2020). According to the Centers for Disease Control and Prevention (CDC, 2023), one in four older adults experiences a fall each year. Falls are the world's second most prominent cause of accidental deaths (World Health Organization [WHO], 2021). Falls are the leading cause of both fatal and non-fatal injuries among older adults (Moreland et al., 2020).

Methods: A quality improvement project that included a fall bundle was implemented in a primary clinic. A …

Balancing Predictability With Flexibility In Contract Negotiation And Drafting, Tahirih V. Lee

Scholarly Publications

No abstract provided.

Development Of The Right To Privacy In Montana Discourse And The Montana Constitution, Scott A. O'Donnell

Undergraduate Theses, Professional Papers, and Capstone Artifacts

No abstract provided.

Business Proposal Of Online Copyright Protection Platform For Digital Assets, Zehui Feng

MA Projects

Copyright protection is crucial for digital art assets as they are easily replicable and distributable in the digital realm. Without proper protection, artists and creators face the risk of unauthorized use, infringement, and loss of control over their work. Copyright protection ensures that artists receive recognition for their creations, have the ability to monetize their work, and maintain control over its usage. The proposed copyright protection platform aims to provide a comprehensive solution for safeguarding digital art assets. Drawing inspiration from successful platforms like Digimarc, Getty Images, and Copyscape, our platform will incorporate advanced technologies such as digital watermarking, extensive …

Gender In The Making Of The Constitution: Proposals For A Feminist Inquiry Into Indian Constitutional History, Achyut Chetan

National Law School Journal

A feminist inquiry into the framing of the Indian Constitution must retrieve and see the interventions of the women members of the Constituent Assembly for what they historically represent, namely, a feminist authorial voice that was developed over a period of time by the pre-Independence women’s movement in India. For a proper understanding of this voice, we must understand the gendered character of the Constituent Assembly, its architecture, its procedures, the dynamics of the gendered relations among its members, and above all, the performative aspects of the debates. This inquiry must also investigate the language employed by the members and …

Identifying Youth Appeals In Alcohol Alternative Social Media Content Through Framing, Melina Oneal

West Chester University Master’s Theses

Proposed regulations for alcohol advertising prevent beverage companies from targeting people under the legal drinking age. However, similar regulations for alcohol alternative beverages are less explored, which could allow alcohol alternative products to create awareness for alcoholic beverages among youth. Alcohol alternatives beverages, including no-alcohol and low-alcohol products, are increasing in popularity and can function as compliments to alcoholic products to decrease the total alcohol volume consumed or as substitutes for alcoholic products. Framing theory can be operationalized through the Content Appealing to Youth Index, an index of content elements found in research literature to be appealing to youth, to …

Never Gonna Change? An Examination Of The 1901 Alabama Constitution, Alexander Aguado

Textbooks

In stark contrast to the U.S. Constitution, which has become a more democratic document since 1865, Alabama’s 1901 Constitution was designed in response to the nation’s broader democratic aspirations. Though the Alabama Constitution was recompiled in 2022, its spirit continues. Never Gonna Change examines the legacy of the 1901 Constitution and its effects on public policy, people, political culture, and democracy. This collection has chapters that reflect on the factors that influence policy change in the Deep South and the likelihood of constitutional reform; The perseverance of inadequate education funding as a structural feature; The contemporary possibility of change through …

Foucault, Michel. Nietzsche: Cours, Conferences Et Travaux. Edited By Bernard E. Harcourt, Paris: Seuil/Gallimard, 2024 (In French) [Book Review], Dana Neacsu

Law Faculty Publications

Today, the defining event of our Western civilization is generative artificial intelligence (GenAI). Philosophically, it might be grounded in Walter Benjamin’s The Metaphysics of Youth where Benjamin’s return to an age of eternal youth, which, due to its lack of memory,⁴ aligns with the ethos of GenAI. Memory seems enough for those who remember the subject matter, the color, or the sound of what they seek in GenAI chats. It becomes adequate as we grow accustomed to summaries of “unread” texts, such as those by Benjamin.⁵ Unlike the AI era of Google searches, which provided an unlimited sea …

How Can Law Enforcement Use Technology To Protect Citizens Justly?, Zach Kantenwein

Emerging Writers

This paper explores the danger of emerging artificial intelligence technology perpetuating racial injustice in law enforcement and how police can ensure the protection of citizens amid this information age. We dissect a real-world case in which AI predictive policing technology resulted in alarming racial discrimination against American minority citizens. We discuss the possible explanations for this result and explore the limitations of artificial intelligence technology. Furthermore, we brainstorm methods for ensuring American citizens' just and constitutional protection as new technology is developed and tested. We propose implementing transparency laws that make the details about any policing technology and surveillance available …

Housing Equity In Golden Gate Village, Nicole White

Social Justice | Senior Theses

For generations, the African American community has faced many forms of housing discrimination that have created major inequalities in their everyday lived experiences (Lockwood, 2020). This study explores the long-lasting effects of discriminatory housing policies in creating disparate housing conditions within the public housing community in Marin City called Golden Gate Village, as well as the role of the Marin Housing Authority in practices of displacement and neglect. The methodology for the study included seven different interviews with Golden Gate Village residents to obtain knowledge about the community as well as grasp an understanding of the lived experiences of the …

Investigating The Relationship Between Politics And Education, Alaina M. Winrow

Honors Theses and Capstones

This paper looks into how politics plays a role in the public K-12 education system in the United States, specifically looking at the state of New Hampshire. Federal, state, and local governments provide important resources through funding to schools and create the laws that govern them. However, educational politics can be controversial at times. Within the past several years, there have been more tense school board meetings and divisive laws being passed or considered around the nation. Overall, the divisive political climate has influenced much of the discussion surrounding education and has created more stress for educators, administrators, school staff, …

Judging Our New Judges: Why We Must Remove Artificial Intelligence From Our Courtrooms Now, Kieran Duffy Newcomb

Honors Theses and Capstones

In this paper, I explore some of the ways in which artificial intelligence might enhance the sentencing process through recidivism prediction technology. Notably, this technology can increase the accuracy of risk predictions and the speed with which sentencing decisions are reached. I then show, however, that the recidivism prediction technology is likely to turn into what data scientist Cathy O’Neil calls a Weapon of Math Destruction. The potential harmfulness of this technology is due not to the inherent nature of the technology, but the symbiotic relationship it will have with our already harmful criminal justice system. I argue that the …

Exploring The Factors That Influence Female Offending In The U.S. And Mexico, Dana Villasenor

CMC Senior Theses

Hollywood has painted a picture of the criminal woman as a sexy, sneaky, and often psychotic female fatale. This is because men run Hollywood. Much like movies, research on why women offend had historically focused on men as their stellar. However, towards the turn of the century and with the disproportionate rise in female incarceration, literature caught up to the fact that women and men do not experience the same socialization, standards, or reality and, therefore, have different reasons for and ways of offending. This research explores those reasons for women in the U.S. and Mexico and paints the picture …

Reconceiving Tort Law And The Role Of Insurance: Achieving Mutual Accountability, Grace Hong

CMC Senior Theses

Despite insurance being a deciding factor in whether liability is found in tort cases, it is not always reflected in tort theories and court opinions. In this paper, I offer a framework for reconceiving the role of insurance in tort law. To achieve this, I outline where insurance falls into instrumental and non-instrumental theories and why non-instrumental theories are more persuasive. After establishing this, I move to Goldberg and Zipursky’s civil recourse theory and delineate how similarities between the right to vote and right of action indicate parallel problems with failures to comprehend lack of access to the political process …

For Richer Or Poorer: The Warren Court's Relationship To Socioeconomic Class, Nicole Jonassen

CMC Senior Theses

The U.S. Constitution does not enshrine socioeconomic rights. Why does this matter? Many argue that socioeconomic rights have value in and of themselves because they secure certain minimum conditions of human dignity, but socioeconomic rights also have instrumental value because abject material deprivation often makes traditional political and civil rights meaningless. In this thesis, I explore the relationship between U.S. constitutional law and socioeconomic rights through an analysis of the Warren Court’s decisions regarding socioeconomic class. In Chapter 1, I present existing literature on socioeconomic rights, socioeconomic rights in the American context, and what many scholars see as the Warren …

Does The Constitution Follow The Flag? The Paradox Of Puerto Rican Identity And Citizenship, Laura Somoza Velez

CMC Senior Theses

How do identity and citizenship interact? Puerto Rico’s current political status is that of an unincorporated, organized territory of the United States, under the shiny title of ‘Commonwealth.’ Although they have US Citizenship, Puerto Rican residents aren’t protected by the US Constitution. This source of dual identification, American and Puerto Rican, creates a unique circumstance where questions of identity, and belonging naturally arise. In this thesis, I aim to answer how the citizenship condition created in Puerto Rico and how it is experienced measure up to current debates and scholarship surrounding citizenship. Achieved through a historical analysis of the formation …

Preservation Through Transformation: An Interpretive Analysis Of Title Vii’S Failure To Secure Remedy For The Wrongs Of Workplace Sexual Harassment, Halle Rudman

CMC Senior Theses

The establishment of Title VII of the Civil Rights Act of 1964 as federal law was a pivotal moment in the pursuit of workplace equality and eradication of discrimination. Unfortunately, the application of Title VII in sexual harassment cases has fallen short of the statute’s noble intentions. In this paper, I argue that the judicial treatment of Title VII has been disloyal to its original purpose, perpetuating systemic inequalities and hindering progress towards gender equality in the workplace. I first establish a framework for the reasonable construction of a statute, drawing on work from various legal theorists to establish three …

Creating A Just System Of Civil Recourse – Articulating The Controlled Instrumentalist Approach For Marginalized People, Rukmini Banerjee

CMC Senior Theses

A system of civil recourse is a precondition for a just society. In this paper, I outline the ideal version of a system of civil recourse and analyze the accounts of various liberal philosophers to explain how a non-instrumental and mutual accountability theory of civil recourse best encapsulates its stated purpose. I analyze the American system of civil recourse, specifically tort law, and argue that it bypasses the threshold of tolerable injustice for marginalized people in the United States. Using Tommie Shelby’s framework in Dark Ghettos: Injustice, Dissent, and Reform, I argue that marginalized people are not obligated by …

Pathways For Recognition: Indigenous Land Rights In Panamá, Caruna Gillespie, William Ascher

CMC Senior Theses

Indigenous communities in Panamá face the same challenge that many Indigenous communities experience around the globe: a lack of recognition of their land rights. Over the last several decades, the Panamanian government has developed policies and ratified international agreements that recognize Indigenous rights. The comarcas that institutionalize these rights have had some success. However, despite a seemingly progressive framework for recognition, Indigenous communities across the country continuously have their rights violated by conservation projects and resource extraction efforts in the name of economic development. The Panamanian government crafts recognition policies using loopholes, exceptions, and ambiguous language that allow for them …

A New Great Awakening Of Religious Freedom In America, John Witte Jr.

Faculty Articles

While loud criticisms of religion continue to clatter in the media and the law reviews, the U.S. Supreme Court has led a great awakening of American religious freedom. In more than two dozen cases since 2011, the Court has used both the First Amendment and federal statutes to strengthen the rights of religious organizations to make their own internal decisions about employment and employee benefits. The Court has held that some forms of government aid to religion and religious education are not only permissible under the Establishment Clause, but also required under the Free Exercise and Free Speech Clauses. The …

Corporate Law As Decolonization, Martin W. Sybblis

Faculty Articles

After centuries of colonial subordination, Black and Brown former colonies are still fighting to achieve the fruits of decolonization. The traditional theory is that former colonies will emerge from the colonial period with the legal mandate and international recognition needed to chart their own futures. But, for those Black and Brown British colonies that achieved political independence, it became clear that, without economic strength to care for their societies, legal separation could not deliver on its promise of freedom from subordination. This Article argues that investments in corporate law innovations by some jurisdictions, such as Bermuda, the British Virgin Islands, …

Anna Nicole's Constitutional Estates Law Legacy, David Fagundes

Faculty Articles

This Essay examines Anna Nicole's surprising constitutional estates legacy in three parts. First, it overviews the bitter litigation between Anna Nicole and the estate of J. Howard Marshall II. It then turns to the pair of Supreme Court cases spawned by that litigation. Part II discusses the holding and significance of Marshall v. Marshall, a successful challenge to the scope of the wills exception to federal jurisdiction. Part III dis­cusses the holding and significance of Stern v. Marshall, which held that Article I bankruptcy judges cannot enter final judgments on state law counterclaims. In its Conclusion, the Essay …

The Past As A Colonialist Resource, Deepa Das Acevedo

Faculty Articles

Originalism’s critics have failed to block its rise. For many jurists and legal scholars, the question is no longer whether to espouse originalism but how to espouse it. This Article argues that critics have ceded too much ground by focusing on discrediting originalism as either bad history or shoddy linguistics. To disrupt the cycle of endless “methodological” refinements and effectively address originalism’s continued popularity, critics must do two things: identify a better disciplinary analogue for originalist interpretation and advance an argument that moves beyond methods.

Anthropology can assist with both tasks. Both anthropological analysis and originalist interpretation are premised on …

Coastal Conflict: How International Law Addresses China's Claims In The South China Sea, Madeline H. Broshears

Tenor of Our Times

The South China Sea is home to natural resources and reefs that benefit its surrounding states. International law divides these waters to grant certain rights to each coastal state so as to ensure fair distribution of the waters. As of late, China’s actions in the South China Sea frequently violate the distribution of waters under international law. They have infringed upon the Philippine’s waters and attempted to establish authority over most of the South China Sea, rather than remaining within their own waters. Thus, the Philippines filed arbitration against China, and the ruling rebuked China’s behavior in the South China …

Power Dynamics And Oppression: Analyzing Structural Control In Suzanne Collins’S The Hunger Games, Hannah Micciolo

Capstone Showcase

The Hunger Games is a popular novel universe that describes a totalitarian dictatorship through the lens of the oppressed. Through the book, the viewer is given insight into how Panem operates the way it does even though the majority of its citizens are oppressed by the minority in a much more obvious manner. However, within modern society, the tactics used by the oppressors are much more ambiguous and distorted. This essay will explore the structures put in place by the Capitol in tandem with modern examples to mirror each other and increase awareness of the the tactics governments use both …