Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 17 of 17

Full-Text Articles in Law

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 …


Amicus Curiae Brief State Of Utah Et. Al. V Walsh Et. Al., Ethan Halman Gonzalez Apr 2023

Amicus Curiae Brief State Of Utah Et. Al. V Walsh Et. Al., Ethan Halman Gonzalez

Honors Theses

In accordance with Rule 29 of the Federal Rules of Appellate Procedure, this amicus curiae is submitted in the defense of Walsh and the Department of Labor in releasing the prudence and loyalty in selecting plan investments and exercising shareholder rights rule in November of 2022. These brief mainly focuses on the arbitrary and capricious standard, the major questions doctrine, and the legal standing the Department of Labor has to issue rules that apply to the Employee Retirement Income Security Act of 1974.


The Role Of Non-Governmental Organizations (Ngos) In Improving Human Rights In Iraq, Naser A. Yahya May 2022

The Role Of Non-Governmental Organizations (Ngos) In Improving Human Rights In Iraq, Naser A. Yahya

Department of Political Science: Dissertations, Theses, and Student Research

Iraq has had a long history of human rights violations since its inception as a modern state in 1921. This is true especially under the personalistic dictatorship of Saddam Hussein. Under his regime, the Iraqi people suffered a consistent pattern of gross violations of internationally recognized human rights, including political imprisonment, torture, and summary and arbitrary executions. This regime used a variety of mechanisms to squelch political dissent, including house-to-house searches; arbitrary arrests, often in large numbers; surveillance; harassment and questioning of family members; detention of targeted individuals, such as those returning to Iraq pursuant to amnesties, at unknown locations; …


Strategic Litigation And The Evolution Of Regional Human Rights Norms: Cases From Germany And The Netherlands, Cole Kovarik Apr 2021

Strategic Litigation And The Evolution Of Regional Human Rights Norms: Cases From Germany And The Netherlands, Cole Kovarik

Honors Theses

This study seeks to fill gaps in our understanding of how private actors participate in international human rights politics by examining civil society involvement in European Court of Human Rights (ECtHR) cases against long-standing democracies. Descriptive analysis of an exhaustive data set of instances of civil society organization (CSO) participation in ECtHR cases against Germany and The Netherlands is complemented by a comparative case study analysis of networks of organizations that mobilized around German and Dutch cases concerning Articles 8 (right to privacy) and 10 (freedom of expression). The data suggest that civil society organizations not only appear before the …


Full Spectrum Space Deterrence: From Laws To Technology, Joshua Carlson Mar 2021

Full Spectrum Space Deterrence: From Laws To Technology, Joshua Carlson

Honors Theses

Conflict in space is becoming an ever-real possibility, with the potential of rendering the space completely useless for future generations. Current talks are centered around limiting or preventing any weapons deployed to space, but this is not the most effective way of dealing with the issue. The focus should shift to agreeing on how nations should act responsibly in space together instead of preventing nations from acting at all. The best way of accomplishing this goal is by improving satellite design, creating agreed upon and understood rules of engagement, fostering widespread cooperation between nations, and choosing not to be the …


Self-Determination In American Discourse: The Supreme Court’S Historical Indoctrination Of Free Speech And Expression, Jarred Williams Mar 2021

Self-Determination In American Discourse: The Supreme Court’S Historical Indoctrination Of Free Speech And Expression, Jarred Williams

Honors Theses

Within the American criminal legal system, it is a well-established practice to presume the innocence of those charged with criminal offenses unless proven guilty beyond a reasonable doubt. Such a judicial framework-like approach, called a legal maxim, is utilized in order to ensure that the law is applied and interpreted in ways that legislative bodies originally intended.

The central aim of this piece in relation to the First Amendment of the United States Constitution is to investigate whether the Supreme Court of the United States has utilized a specific legal maxim within cases that dispute government speech or expression regulation. …


The Role Of Opposition In A Democracy: A Bibliometric Analysis, Abhinav Shrivastava Mr., Richa Dwivedi Ms. Jan 2021

The Role Of Opposition In A Democracy: A Bibliometric Analysis, Abhinav Shrivastava Mr., Richa Dwivedi Ms.

Library Philosophy and Practice (e-journal)

Globally, democracy is under threat with the prevalence of authoritarian regime all over the world and the role of opposition in a democracy is an under studied subject and has not received adequate importance by researchers all over the world. The present study focuses on the bibliometrics analysis of the role of opposition in democratic system in order to understand the research status of the subject globally using SCOPUS and Web of Science databases.

The analysis shows that research has been undertaken by various organisations and researchers however, the present time demands more attention on the role of opposition so …


Justice-Free Zones: U.S. Immigration Detention Under The Trump Administration, Eunice Hyunhye Cho, Tara Tidwell Cullen, Clara Long Jan 2020

Justice-Free Zones: U.S. Immigration Detention Under The Trump Administration, Eunice Hyunhye Cho, Tara Tidwell Cullen, Clara Long

Department of Homeland Security

In the last three years, the Trump administration has grown the immigration detention system in the United States to an unprecedented size, at times holding more than 56,000 people per day. Since 2017, Immigration and Customs Enforcement (ICE) has anchored this growth in places where immigrants are most likely to be isolated from legal counsel, remain in detention without real opportunity for release, and are more likely to lose their cases. These new detention centers also exhibit patterns of mistreatment and abuse, including medical and mental health care neglect, that have been present since the inception of ICE’s detention system …


Utilization Of Social Media In Giving Information Related To Activities And Performance Of Legislative Members (-A Case Study Of Women Legislative Members In The Aceh People's Representative Council (Dpra), Ainol Mardhiah, Dadang Rahmat Hidayat, Agus Rahmat, Nuryah Asri Sjafirah Sep 2019

Utilization Of Social Media In Giving Information Related To Activities And Performance Of Legislative Members (-A Case Study Of Women Legislative Members In The Aceh People's Representative Council (Dpra), Ainol Mardhiah, Dadang Rahmat Hidayat, Agus Rahmat, Nuryah Asri Sjafirah

Library Philosophy and Practice (e-journal)

The existence of communication media cannot be separated from everyday human life today. Social media provides extraordinary benefits for members of Aceh House of Representatives (DPRA) to get closer to its people. The use of social media to socialize the performance of board members, absorb aspirations and information from the public. The qualitative research method and the case study approach used in this study, this study intends to describe the use of social media in providing information related to the activities and performance of women legislative members in the DPRA in carrying out political communication in Aceh's local parliament. The …


Concerns About Ice Detainee Treatment And Care At Four Detention Facilities, John V. Kelly Jun 2019

Concerns About Ice Detainee Treatment And Care At Four Detention Facilities, John V. Kelly

Department of Homeland Security

In response to concerns raised by immigrant rights groups and complaints to the Office of Inspector General (OIG) Hotline about conditions for detainees held in U.S. Immigration and Customs Enforcement (ICE) custody, we conducted unannounced inspections of four detention facilities to evaluate their compliance with ICE detention standards.

Overall, our inspections of four detention facilities revealed violations of ICE’s 2011 Performance-Based National Detention Standards, which set requirements for facilities housing detainees. This report summarizes findings on our latest round of unannounced inspections at four detention facilities housing ICE detainees. Although the conditions varied among the facilities and not every problem …


Management Alert -- Dhs Needs To Address Dangerous Overcrowding Among Single Adults At El Paso Del Norte Processing Center (Redacted), John V. Kelly May 2019

Management Alert -- Dhs Needs To Address Dangerous Overcrowding Among Single Adults At El Paso Del Norte Processing Center (Redacted), John V. Kelly

Department of Homeland Security

During the week of May 6, 2019, we visited five Border Patrol stations and two ports of entry in the El Paso area, including greater El Paso and eastern New Mexico, as part of our unannounced spot inspections of CBP holding facilities. We reviewed compliance with CBP’s Transport, Escort, Detention and Search (TEDS) standards, which govern CBP’s interaction with detained individuals, and observed dangerous holding conditions at the El Paso Del Norte Processing Center (PDT) Border Patrol processing facility, located at the Paso Del Norte Bridge, that require immediate attention. Specifically, PDT does not have the capacity to hold the …


Defining Authentic: The Relationship Between Native Art And Federal Indian Policy, 1879-1961, Aurora Kenworthy Feb 2019

Defining Authentic: The Relationship Between Native Art And Federal Indian Policy, 1879-1961, Aurora Kenworthy

Honors Theses

Between 1879 and 1961, non-Native perceptions of what constituted authentic Native art shifted. These changing perceptions were influenced by, and then in turn influenced, federal policy and legislation. While non-Native individuals and groups worked to improve conditions for Native communities and to protect “authentic” Native art forms, Native reformers also attempted to enact change to help Native communities and Native artists exercised control over their own art and identity.


Facebook-Cambridge Analytica Data Harvesting: What You Need To Know, Ikhlaq Ur Rehman Jan 2019

Facebook-Cambridge Analytica Data Harvesting: What You Need To Know, Ikhlaq Ur Rehman

Library Philosophy and Practice (e-journal)

In 2018, it became public knowledge that millions of Facebook users’ data had been harvested without their consent. At the heart of the issue was Cambridge Analytica (CA) which in partnership with Cambridge researcher, Aleksandr Kogan harvested data from millions of Facebook profiles. Kogan had developed an application called “thisisyourdigitallife” which featured a personality quiz and CA paid for people to take it. The app recorded results of each quiz, collected data from quiz taker’s Facebook account such as personal information and Facebook activity (e.g., what content was “liked”) as well as their Facebook friends which led to data harvesting …


The President's Role In Advancing Criminal Justice Reform, Barack Obama Jan 2017

The President's Role In Advancing Criminal Justice Reform, Barack Obama

United States Department of Justice: Publications and Materials

Criminal justice is a complex system, administered at all levels of government and shaped by a range of actors. Thanks to the dedicated efforts of so many in my Administration, the bipartisan push for reform from federal, state, and local officials, and the work of so many committed citizens outside government, America has made important strides. We have reduced overlong sentences for offenders and removed barriers for those with criminal records. We have made progress in helping people, especially young people, avoid getting entangled in the justice system in the first place. This Commentary talks about those achievements — and …


Challenging The Political Assumption That “Guns Don’T Kill People, Crazy People Kill People!”, Heath J. Hodges, Mario Scalora Jan 2015

Challenging The Political Assumption That “Guns Don’T Kill People, Crazy People Kill People!”, Heath J. Hodges, Mario Scalora

Department of Psychology: Faculty Publications

Every time an infamous mass shooting takes place, a storm of rhetoric sweeps across this country with the fury of a wild fire. “Why are we letting these people carry guns?” “Why were they not hospitalized?” “The government needs to crack down on this issue!” What is the government’s response to these cries of concern? Politicians and the media attempt to ease public fears by drawing tenuous connections among a handful of poorly understood tragedies. The salient commonality is that these high-profile shooters had some history of mental illness. A cursory review of the Internet will paint a troubling picture …


Information Use In Decision Making By Parliamentarians In Ghana, Hawa Osman Ms, Dominic Dankwah Agyei Mr. Jan 2014

Information Use In Decision Making By Parliamentarians In Ghana, Hawa Osman Ms, Dominic Dankwah Agyei Mr.

Library Philosophy and Practice (e-journal)

Information is an important ingredient in decision making by Ghanaian parliamentarians. The objective of the study was to determine the types of information members of parliament (MPs) needed, how they acquired and utilized them in the decision making processes and the problems they encountered in finding relevant information.

The survey method was used for the study. Data was collected from a sample of 115 parliamentarians through the use of questionnaire. The data collected were analysed using the Statistical Package for Social Science (SPSS).

Some of the key findings of the study are that MPs consulted many sources of information some …


Memorandum From University Of Illinois College Of Law Professor Ronald D. Rotunda Memorandum To The Honorable Kenneth W. Starr Regarding Whether A Sitting President Is Subject To Indictment [Portions Redacted], Ronald D. Rotunda May 1998

Memorandum From University Of Illinois College Of Law Professor Ronald D. Rotunda Memorandum To The Honorable Kenneth W. Starr Regarding Whether A Sitting President Is Subject To Indictment [Portions Redacted], Ronald D. Rotunda

United States Department of Justice: Publications and Materials

Re: Indictability of the President, with particular respect to whether President Bill Clinton could be charged with indictable offenses while in federal office.

Excerpt from the New York Times article: “It is proper, constitutional, and legal for a federal grand jury to indict a sitting president for serious criminal acts that are not part of, and are contrary to, the president’s official duties,” the Starr office memo concludes. “In this country, no one, even President Clinton, is above the law.”