Law Commons^™

Στοίχημα Η Διαφύλαξη Των Εργασιακών Σχέσεων, Nicos Trimikliniotis

Nicos Trimikliniotis

Η σημερινή κατάσταση στην εργασία και απασχόληση με τα πρωτοφανή για τα Κυπριακά δεδομένα ποσοστά ανεργίας είναι εξαιρετικά δύσκολη. Παρά τις σημαντικές μεταρρυθμίσεις, π.χ. ο νόμος για τη διασφάλιση του δικαιώματος συνδικαλιστικής οργάνωσης και για εκσυγχρονισμό των εργασιακών σχέσεων κ.ά. το σύστημα εργασιακών σχέσεων σήμερα αντιμετωπίζει τις μεγαλύτερες προκλήσεις μετά το 1974. Το σύστημα συλλογικών διαπραγματεύσεων και συλλογικών συμβάσεων, η συνδικαλιστική προστασία και διεκδίκηση έχουν δημιουργήσει ένα επιτυχημένο πλαίσιο. Τα βασικά χαρακτηριστικά του είναι το υψηλό επίπεδο συνδικαλιστικής πυκνότητας, οι συλλογικές διαπραγματεύσεις και συμβάσεις και η Αυτόματη τιμαριθμική αναπροσαρμογή (ΑΤΑ) που αποτελούν αποτελεσματικά μέσα αποφυγής ανούσιων εργασιακών συγκρούσεων διασφαλίζοντας τουλάχιστον …

Re-Evaluating Peacebuilding In The Democratic Republic Of Congo: A Case Study In Dongo, Wilita Sanguma

Master's Theses

Re-evaluating Peacebuilding in the Democratic Republic of Congo: A case study in Dongo

The Democratic Republic of Congo (Congo) is a country rich with natural resources centered in the heart of Africa. Since the colonial era, the country has seen more bloodshed than peace and development. From 1996 to 2003, Congo experienced the worst conflict since World War II, with over six million people dead. Despite having the largest United Nations peacekeeping troops present; Congo continues to be plagued by violence. This research thesis argues that the international community failed to promote a lasting peace in Congo because the international …

Recognizing New Syrian National Coalition Alone Won’T End War In Syria, Ahmed Souaiaia

Ahmed E SOUAIAIA

Those who doubt Lakhdar Brahimi’s assessment of the crisis in Syria ought to rethink their position. His ostensibly naïve initiative for a ceasefire over the Eid holidays might have been a brilliant maneuver that ended the existence of the Syrian National Council, the previously prominent face of the Syrian opposition. Before proposing an ambitious plan of six or one hundred points like his predecessor, Brahimi wanted to make sure that there are reliable representatives of both sides who can exert influence and control over their subordinates. After visiting Russia and China, he proposed, from Tehran, that both the opposition forces …

Gay Parenthood And The Revolution Of The Modern Family: An Examination Of The Unique Barriers Confronting Gay Adoptive Parents, Nicholas Arntsen

Nicholas Benedict Arntsen

Abstract: In recent decades, the structure of the American family has been revolutionized to incorporate families of diverse and unconventional compositions. Gay and lesbian couples have undoubtedly played a crucial role in this revolution by establishing families through the tool of adoption. Eleven adoptive parents from the state of Connecticut were interviewed to better conceptualize the unique barriers gay couples encounter in the process adoption. Both the scholarly research and the interview data illustrate that although gay couples face enormous legal barriers, the majority of their hardship comes through social interactions. As a result, the cultural myths and legal restrictions …

Torch (November/December 2012), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

Who Is The Syrian Opposition?, Ahmed Souaiaia

Ahmed E SOUAIAIA

Since the start of the uprising in Syria, countries supporting the opposition groups wanted to unify them. They organized a series of the so-called “Friends of Syria” conferences one after another only to adjourn without realizing their objective. In most cases, the meetings created more discord than opportunities for unity.

Decommissioning Orleans Parish Prison: A Campaign To Build A Safer New Orleans / One Local Policy Step To Dismantle The Prison Industrial Complex, Tara M. Echo

Capstone Collection

Today, nearly two and a half million people in the U.S. are living in cages, with New Orleans holding the highest per capita rate of incarceration. While we have consistently seen that building cages does not bring us any closer to actualizing safety, the sheriff and other city officials of New Orleans justify a financially profitable plan to create more cages-to warehouse more of the city's people-in the name of safety.

Using an abolitionist framework, this paper examines safety by differentiating between contributing factors of being secure and factors which create harm in our communities. By tracing these factors to …

The Embodiment Of Tolerance In Discourses And Practices Addressing Cultural Diversity In Schools, The Case Of Cyprus, Nicos Trimikliniotis, Corina Demetriou, Elena Papamichael

Nicos Trimikliniotis

The report examines the processes, methods and Practices of the Cypriot educational system as the

embodiment of tolerance in discourses and practices addressing cultural diversity in schools. These are

mediated by the perceptions of policy makers, the convictions of stakeholders involved in the processes and abilities of and tools made available to educationalists. In examining the nature of the educational system and particularly the way in which the system treats its minoritised individuals and groups, the philosophy which emerges is that of viewing diversity as a disadvantage and a deficiency that needs to be ‘treated’, against a backdrop of essentialising …

A Necessary Effort: The Construction Of A Binational Immigration Policy For Nicaraguan Immigrants In Costa Rica, Irma Castañeda

Independent Study Project (ISP) Collection

Although the experiences of Nicaraguan immigrants to Costa Rica have been well-studied, the investigation of this topic through the lens of the construction of public policies is missing. Through the testimonies of Nicaraguans that emigrated or still live and work in Costa Rica, I learned that immigrants, especially those that are undocumented, are vulnerable to the violation of their rights, for example, through the lack of access to public services or mistreatment by their bosses. Because of these violations, it is necessary to examine the topic of the immigration policies of both countries because they influence the treatment and integration …

Drug Sentencing Policy Discourse Of Fortaleza, Nick Sundback

Independent Study Project (ISP) Collection

Drug sentencing is a pressing issue in Brazil. With the context of high and increasing rates of crime and drug use, overcrowded prisons, and high rates of recidivism both in terms of prison and drug addiction, attitudes of individuals towards drug sentencing policy are worthy of observation and examination.

The objective of this monograph is to examine discourse by informants, five individuals who interact with sections of society most affected by drug sentencing, namely drug users. This monograph will consider pluralistic observations on, and evaluations of, drug sentencing practices, implementation of drug sentencing, an overview of the broader debate over …

Why Is The U.S.-Islamic World Relation So Fragile?, Ahmed Souaiaia

Ahmed E SOUAIAIA

No abstract provided.

Torch (September/October 2012), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

Can Non-Violent Resistance And Armed Rebellion Co-Exist?, Ahmed Souaiaia

Ahmed E SOUAIAIA

Social Change in Arab Societies

محاسن دستور مكتوب من وراء ستار الجهل, Ahmed Souaiaia

Ahmed E SOUAIAIA

No abstract provided.

Food Fight: A Case Study Of The Community Food Security Coalition’S Campaign For A Fair Farm Bill, Marni Salmon

Capstone Collection

The farm bill is an all-encompassing piece of legislation that is reauthorized approximately every five years and establishes federal policy for everything from farm subsidies and crop insurance to energy, conservation, food stamps and school lunches. The current law expires at the end of September 2012. Reauthorization of the farm bill represents the single largest opportunity to reform the policies that shape food systems in the United States. The Community Food Security Coalition (CFSC) is campaigning to improve access to healthy food by increasing links with family farmers and to strengthen local and regional food systems. This case study traces …

Coping With Lasting Social Injustice, Jonathan R. Cohen

Jonathan R. Cohen

No abstract provided.

Torch (May/June 2012), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

Πολιτική Ένταξης Των Μεταναστών Στην Κύπρο, Nicos Trimikliniotis

Nicos Trimikliniotis

Το ζήτημα της ένταξης των μεταναστών προβάλλει ως μείζον διακύβευμα εφόσον χωρίς την ένταξη τους απειλείται ο δημοκρατικός ιστός της Κυπριακής κοινωνίας, εφόσον το πολυπολιτισμικό στοιχείο αποτελεί βασικό συστατικό του πυρήνα της κυπριακής κοινωνίας και οικονομίας εδώ και μια εικοσαετία. Το ζήτημα τούτο αποκτά μεγαλύτερη σημασία σε συνθήκες οικονομικής κρίσης, εφόσον οι μετανάστες είναι κατά κανόνα εύκολος στόχος και κατεξοχήν αποδιοπομπαίος τράγος για τα κακώς έχοντα στη κοινωνία

The Hegemony Of English In South African Education, Kelsey E. Figone

Scripps Senior Theses

The South African Constitution recognizes 11 official languages and protects an individual’s right to use their mother-tongue freely. Despite this recognition, the majority of South African schools use English as the language of learning and teaching (LOLT). Learning in English is a struggle for many students who speak indigenous African languages, rather than English, as a mother-tongue, and the educational system is failing its students. This perpetuates inequality between different South African communities in a way that has roots in the divisions of South Africa’s past. An examination of the power of language and South Africa’s experience with colonialism and …

Jordan’S Political Public Sphere: Understanding The Youth’S Awareness And Perceptions Of The Constitutional Reforms In The Post-Arab Spring Era, Krista Vendetti

Independent Study Project (ISP) Collection

This study evaluates Jordanian youth’s awareness and perceptions of the constitutional amendments of 2011 and explores the youth’s main sources of political news. I hypothesized that a majority of young Jordanians are largely uninformed about the amendments and expected that the main source of news for most young Jordanians were official media sources. My research data consists of survey responses, given by 65 students from the University of Jordan, as well as five interviews with young Jordanians. My findings proved that the Jordanian youth has a low level of awareness about the recent political reforms, and the main news sources …

Losing My Religion: The Place Of Social Justice In Clinical Legal Education, Praveen Kosuri

All Faculty Scholarship

Many law school clinics presume a “social justice” mission—that is, representation of the indigent and under-represented about poverty law issues—as the only legitimate goal for clinic clients and matters. This article contends that social justice should not be presumed, but rather should be considered an option—among many—to include in a clinic’s pedagogy. If increased experiential learning opportunities for students are a real objective, and clinics are the pinnacle of those opportunities, then broadening the portfolio of clinical offerings to include those that are not focused on social justice should be a valid proposition. The modern clinical legal education movement that …

Torch (March/April 2012), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

Massachusetts Immigrants By The Numbers, Second Edition: Demographic Characteristics And Economic Footprint, Alan Clayton-Matthews, Paul Watanabe

Institute for Asian American Studies Publications

With this update to the original groundbreaking study of Massachusetts Immigrants by the Numbers in 2009, we continue to focus on the economic and social contributions that immigrants have made in building the vibrant Massachusetts economy. It shows that, despite heightened public debate, the demographic characteristics and economic trends of the state’s immigrant population have remained largely unchanged. Immigrants continue to have a positive impact on the Commonwealth.

The Relational Contingency Of Rights, Gideon Parchomovsky, Alex Stein

All Faculty Scholarship

In this Article, we demonstrate, contrary to conventional wisdom, that all rights are relationally contingent. Our main thesis is that rights afford their holders meaningful protection only against challengers who face higher litigation costs than the rightholder. Contrariwise, challengers who can litigate more cheaply than a rightholder can force the rightholder to forfeit the right and thereby render the right ineffective. Consequently, in the real world, rights avail only against certain challengers but not others. This result is robust and pervasive. Furthermore, it obtains irrespectively of how rights and other legal entitlements are defined by the legislator or construed by …

Islamists Bring Religion Down To Earth: The End Of Religious Idealism, Ahmed Souaiaia

Ahmed E SOUAIAIA

No abstract provided.

“Don't Call Me A Student-Athlete”: The Effect Of Identity Priming On Stereotype Threat For Academically Engaged African American College Athletes, Keith Harrison

Dr. C. Keith Harrison

Academically engaged African American college athletes are most susceptible to stereotype threat in the classroom when the context links their unique status as both scholar and athlete. After completing a measure of academic engagement, African American and White college athletes completed a test of verbal reasoning. To vary stereotype threat, they first indicated their status as a scholar-athlete, an athlete, or as a research participant on the cover page. Compared to the other groups, academically engaged African American college athletes performed poorly on the difficult test items when primed for their athletic identity, but they performed worse on both the …

The Right To Be Fat, Yofi Tirosh

Yofi Tirosh

Policy discussions on the increasing weight of Americans, portrayed as a problem of monumental and grim outlook, preoccupy public health experts, scientists, economists, and the popular media. In the legal field, however, discussions have tended to focus on whether weight should be a protected category under antidiscrimination law and on cost-benefit models for creating incentives to lose weight. This Article takes a novel approach to thinking about weight in the legal context. First, it maps the diverse ways in which the law is recruited to “the war against obesity,” thus providing an unprecedented account of what it means to be …

How The "Unintended Consequences" Story Promotes Unjust Intent And Impact., Martha T. Mccluskey

Journal Articles

In the guise of critical analysis of the limits of law reform, the familiar phrase “unintended consequences” serves to rationalize rising inequality and to undermine democratic accountability. This paper examines how the phrase promotes a story of disentitlement, using the recent financial crisis as an example. By naturalizing inequality as power beyond law’s reach, this phrase’s message that benign law is likely to bring unequal consequences dovetails with a seemingly contradictory message that benign intent, rather than harmful impact, is what primarily counts for evaluating inequality.

As part of a LatCrit XV symposium taking a “bottom-up” view of the recent …

Brief Of Amici Curiae Thirteenth Amendment Scholars In Support Of Plaintiff-Appellee And Affirmance, William M. Carter Jr., Dawinder S. Sidhu, Alexander Tsesis, Rebecca E. Zietlow

Amici Briefs

In the case of United States v. Hatch, the defendant in a hate crimes prosecution brought the first major challenge to the constitutionality of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009. This amicus brief argues that the Act is constitutional under the Thirteenth Amendment.

The Paradox Of Political Power: Post-Racialism, Equal Protection, And Democracy, William M. Carter Jr.

Articles

Racial minorities have achieved unparalleled electoral success in recent years. Simultaneously, they have continued to rank at or near the bottom in terms of health, wealth, income, education, and the effects of the criminal justice system. Social conservatives, including those on the Supreme Court, have latched onto evidence of isolated electoral success as proof of “post-racialism,” while ignoring the evidence of continued disparities for the vast majority of people of color.

This Essay will examine the tension between the Court's conservatives' repeated calls for minorities to achieve their goals through the political process and the Supreme Court's increasingly restrictive "colorblind" …