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Full-Text Articles in Law

The Nuclear Threat: A Homeland Security Perspective, Renae Katherine Harvey May 2024

The Nuclear Threat: A Homeland Security Perspective, Renae Katherine Harvey

Doctoral Dissertations and Projects

On December 8, 1987, the United States and Russia signed the Intermediate-Range Nuclear Forces Treaty. Since then, it has been a common misconception that this solidified the end of the Cold War and the Nuclear Arms Race. To this day, nuclear installations are plaguing bordering countries within the European Union. As a result, severe transnational issues become evident as transnational crime groups grow and technological advancements of terrorist groups continue to gain ground within the nuclear power threshold. Furthermore, countries within the Asian Peninsula and the Middle East continue to demonstrate nuclear prowess via mass media attention as a sense …


Charge The Cockpit Or Die: An Anatomy Of Fear-Driven Political Rhetoric In American Conservatism, Daniel Hostetter Apr 2024

Charge The Cockpit Or Die: An Anatomy Of Fear-Driven Political Rhetoric In American Conservatism, Daniel Hostetter

Senior Honors Theses

Subthreshold negative emotions have superseded conscious reason as the initial and strongest motivators of political behavior. Political neuroscience uses the concepts of negativity bias and terror management theory to explore why fear-driven rhetoric plays such an outsized role in determining human political actions. These mechanisms of human anthropology are explored by competing explanations from biblical and evolutionary scholars who attempt to understand their contribution to human vulnerabilities to fear. When these mechanisms are observed in fear-driven political rhetoric, three common characteristics emerge: exaggerated threat, tribal combat, and religious apocalypse, which provide a new framework for explaining how modern populist leaders …


Legislating Morality In The Gilded Age And Progressive Era: Moral Panic And The “White Slave” Case That Changed America, Nancy C. Unger Apr 2024

Legislating Morality In The Gilded Age And Progressive Era: Moral Panic And The “White Slave” Case That Changed America, Nancy C. Unger

History

This article is based on the presidential address presented to the Society for Historians of the Gilded Age and Progressive Era at the meeting of the Organization of American Historians in Los Angeles in 2023. Its focus is Maury Diggs and Drew Caminetti, two white men from Sacramento, California, charged with violating the Mann Act (known as the White Slave Trafficking Act) in 1913. The Gilded Age and Progressive Era obsession with white slavery, a phenomenon that has particular resonance in today’s climate, reveals the power of moral panics. Examining the steps, and missteps, that various legal, social, and political …


Beyond The Ballots: An Exploration Of Indonesian Democracy Through The Lens Of Campaigning And Dynasticism In The 2024 Indonesian General Election, Alexandra Richmond Apr 2024

Beyond The Ballots: An Exploration Of Indonesian Democracy Through The Lens Of Campaigning And Dynasticism In The 2024 Indonesian General Election, Alexandra Richmond

Independent Study Project (ISP) Collection

This paper offers a comprehensive exploration of Indonesian democracy, focusing on the dynamics of campaigning and dynasticism within the context of the 2024 Indonesian General Election. Drawing on the anthropological frameworks of historical particularism and functionalism, the research employs a mixed-method approach, combining cultural and participant observation, archival review, and interviews. Through cultural and participant observations in Bali and Java, the study unveils the intricate connections between political support, community unity, and the influence of vote-buying practices. Archival review delves into contentious issues surrounding electoral laws, particularly the Constitutional Court's exception to the age requirement for presidential candidates, revealing conflicts …


Narratives Of Reproductive Control In The American Eugenics Movement, Cassandra M. Provost Mar 2024

Narratives Of Reproductive Control In The American Eugenics Movement, Cassandra M. Provost

Honors Theses

In this paper, I will explore the eugenics movement as a pseudo-scientific political, social, and legal phenomenon which had a devastating historical impact on America’s most vulnerable women, as well as briefly discuss its residual effects on contemporary reproductive rights conversations, through the lens of literature. Using an interdisciplinary discourse and narrative analysis approach, I identify two distinct themes within the explored narratives: (1) the importance of a government’s attempt to override a person’s autonomy by destroying the person’s ability to reproduce, and (2) the impropriety of actions based on a negative attitude toward disabled or undesirable persons. In my …


Grágás And The Legal Culture Of Commonwealth Iceland, William Ian Miller Feb 2024

Grágás And The Legal Culture Of Commonwealth Iceland, William Ian Miller

Book Chapters

The subject of this chapter is Grágás, the compilation of the laws of Iceland in the Commonwealth period. The chapter begins by outlining the court structure of Iceland and the fundamentals of legal procedure, briefly discussing the importance of law to the conversion narrative in Íslendingabók and its account of the first decision to put Iceland’s laws into writing. It describes the distinctive concepts and customs which underlie the legal system of medieval Iceland, looking at the role of the búi (neighbour) in legal procedure, and explaining the key concepts of helgi (the right of inviolability), grið (domicile, or household …


Porter Et Al. V. Mccormack Et Al. - Warren Circuit Court (Sc 3717), Manuscripts & Folklife Archives Feb 2024

Porter Et Al. V. Mccormack Et Al. - Warren Circuit Court (Sc 3717), Manuscripts & Folklife Archives

Manuscript Collection Finding Aids

Finding aid and scan (Click on "Additional Files" below) for Manuscripts Small Collection 3717. Case file for L.R. Porter and Lizzie Porter v J. N. McCormack, John H. Blackburn, Henry James and Tom Potter (Warren County, Kentucky Circuit Court) relating to a restraining order secured by Luther R. Porter of Bowling Green to block the removal of his smallpox-infected daughter and the rest of the family to the local pest house. Includes affidavits of physicians, public health officials and locals familiar with the pest house. The restraining order was subsequently lifted by a Louisville judge. Also includes a 1902 Courier-Journal …


Looted Cultural Objects, Elena Baylis Jan 2024

Looted Cultural Objects, Elena Baylis

Articles

In the United States, Europe, and elsewhere, museums are in possession of cultural objects that were unethically taken from their countries and communities of origin under the auspices of colonialism. For many years, the art world considered such holdings unexceptional. Now, a longstanding movement to decolonize museums is gaining momentum, and some museums are reconsidering their collections. Presently, whether to return such looted foreign cultural objects is typically a voluntary choice for individual museums to make, not a legal obligation. Modern treaties and statutes protecting cultural property apply only prospectively, to items stolen or illegally exported after their effective dates. …


Law, Society, And Religion: Islam And The West, Paolo Davide Farah Jan 2024

Law, Society, And Religion: Islam And The West, Paolo Davide Farah

Book Chapters

Law and religion are present in almost every society, where the predominance of one over the other can greatly vary, and, in some cases, they both contend for authority over the citizenry. From a historical standpoint, this resulted in a constant change in the relationship between law and religion. Globalization also had a role in this regard. In some instances, globalization exacerbates differences between religions instead of encouraging mediation; it seeks to fill the gap left by the diminishing role of religion in the West. Globalization also competes with religion; both are looking for ways to regulate conduct and push …


On Critical Genealogy, Bernard E. Harcourt Jan 2024

On Critical Genealogy, Bernard E. Harcourt

Faculty Scholarship

Today most critical theorists who deploy history use a genealogical method forged by Nietzsche and Foucault. This genealogical approach now dominates historically inflected critique. But not all genealogical writings today, nor all philosophical debates surrounding genealogy, advance the goals of critical philosophy. It is crucial now that we assess the value of genealogical critiques. The proper metric against which to evaluate such work is whether it contributes to transforming ourselves, others, and society in a valuable way. In this article, I propose that we use the term “critical genealogy” to identify those genealogical practices that positively nourish our activity and, …