Law Commons^™

Capacitación Y Emancipación En Usuarias De Refugios Especializados Para Mujeres Víctimas De Violencia En Yucatán, México., Nohora Esther Bayona Ramírez

Journal of Maya Heritage

This article aims to present the results of a doctoral research on the personal and structural factors that prevent women, who have been victims of violence, from leaving the violent environment from which they come, generated within the framework of specialized shelters for women who have been subject to domestic violence in the state of Yucatán, Mexico. The research aims to determine the relationship between the intervention strategies offered by the shelters and the factors that facilitate or hinder the emancipation process of the users. Among its objectives, based on the knowledge produced, it seeks to approach the State's response …

Assessing The Sustainable Development Dimensions Of Environmental Public Policies For Protected Natural Areas In Mexico: A 1970-2018 Perspective, Cielo María Ávila López, José Israel Herrera

Journal of Maya Heritage

Abstract: This abstract discusses the challenges and issues related to the implementation of Environmental Public Policies (EPP) for Protected Natural Areas (PNA) in Mexico from 1970 to 2018. EPPs aim to achieve sustainable development by balancing economic, environmental, and social dimensions while reconciling conservation and the use of natural resources with restrictions on their use and economic compensation to communities. However, the results of this study reveal that the establishment of PNA has been unilateral and without consensus, leading to limitations on communities' use of the environment without granting them economic compensation or productive alternatives. This has resulted in conflicts …

Megaproyectos Y Su Impacto En Derechos Humanos En Una Comunidad De Origen Maya: Yaxhá, Yucatán, México., Gonzalo Manuel Herrera Canché

Journal of Maya Heritage

Abstract: The current development of extractive megaprojects in Latin American countries has had a significant impact on their societies and environments. This research addresses the issue of the impacts of extractive agricultural megaprojects on the environment, society and the economy, specifically the case of a pig farm in the community of Yaxhá, located in the municipality of Muna, Yucatán. The identified impacts are mainly attributed to the lack of strong and committed political institutions, lax environmental legislation, and the absence of an operating system, which facilitates human rights violations related to the environment, society, and access to information. In this …

Challenges Of Accessibility Of A Community Heritage Tourist Route: The Route Of The Caste War, Cecilia S. Medina Martín, David E. Tamayo Torres, Margarita De A Navarro Favela, Fredi R. Un Noh

Journal of Maya Heritage

This article presents the results of an accessibility analysis of The Caste War Route (RGC), prior to its commercialization as a community heritage product. The analysis consists of a diagnosis of the resource to establish destination-planning strategies. The accessibility diagnosis goes beyond adapting physical spaces for transit, considering that the resource is accessible to all types of people, including economic, spatial and temporal accessibility, criteria on which the research focuses.

The diagnosis was prepared through a multidisciplinary investigation that collected information from different sectors with qualitative and quantitative tools that combined the recording of data and the opinion of the …

The Violation Of Transgender Prisoners: The Violent Impact Of Gender Discrimination Experienced By Incarcerated Trans People In The United States Of America, Brooklyn Jennings Mx.

Access*: Interdisciplinary Journal of Student Research and Scholarship

U.S prison reform policies such as the Prison Rape Elimination Act pacify the government and the public into believing that prisons are a less harmful place for vulnerable inmates. However, thousands of transgender inmates in the United States experience extraordinary rates of violence and discrimination for their gender identity. There are difficulties in determining exact statistics of gender-based incidents of assault due to dueling structures of legal power and questionable support from prison authorities. However, from available information, trans inmates report dehumanizing prison environments that severely impact their wellbeing. This literature draws upon the current status of incarcerated trans inmates’ …

Examining Remorse In Attributions Of Focal Concerns During Sentencing: A Study Of Probation Officers, Colleen M. Berryessa

International Journal on Responsibility

This research, using interviews with probation officers in the United States (n = 151) and a constant comparative method for analysis, draws from the focal concerns framework to qualitatively model a process by which probation officers use a defendant’s remorse to attribute focal concerns in order to guide their sentencing recommendations in pre-sentencing reports. The model suggests that officers use expressions of remorse to make attributions about mitigated criminal intention (blameworthiness and notions of responsibility), reduced dangerousness and a high potential for reform (community protection), and organization-level effects for increasing caseload efficiency and using correctional resources (practical effects of …

The Pitfall Of Child Marriage Dispensation: A Study Of Court Judgments In East Java (Dispensasi Perkawinan Anak Yang Menjerumuskan: Studi Putusan Hakim Di Jawa Timur), Iklilah Muzayyanah Dini Fajriyah, Siti Marhamah, Septiani Anggriani

The Indonesian Journal of Socio-Legal Studies

This article conducted study on court decisions on dispensation for marriage that occurred during the COVID-19 pandemic (June 2020 to February 2021) from the children’s rights perspective. The library research method was chosen to dissect 19 marriage dispensation decisions (12 decisions from religious courts and seven decisions from district courts) in Kraksaan and Sumenep districts, East Java. Child married couples were randomly selected with one or both parties under the age of 18. Three important findings in this study are: 1) the perspective of the best interests of the child has not been the main consideration for judges; 2) judges …

Online Legal Help-Seeking For Victims Of Intimate Partner Violence During The Covid-19 Pandemic, Christina S. Walker

Dignity: A Journal of Analysis of Exploitation and Violence

Legal, court, and criminal justice professionals regularly navigate court procedures and processes through online portals. They know where to locate applicable court rules, such as a specific section on a court website or a departmental contact. However, these tasks can be extremely daunting for laypersons seeking court assistance, especially for victims of violence who have limited time away from the abuser. To determine how state judicial branches make information available about protective order procedures and general information to a layperson, especially to victims of intimate partner violence, this study assessed court websites of five states where intimate partner violence (IPV) …

Deepfakes, Shallowfakes, And The Need For A Private Right Of Action, Eric Kocsis

Dickinson Law Review (2017-Present)

For nearly as long as there have been photographs and videos, people have been editing and manipulating them to make them appear to be something they are not. Usually edited or manipulated photographs are relatively easy to detect, but those days are numbered. Technology has no morality; as it advances, so do the ways it can be misused. The lack of morality is no clearer than with deepfake technology.

People create deepfakes by inputting data sets, most often pictures or videos into a computer. A series of neural networks attempt to mimic the original data set until they are nearly …

Justice In Hybrid-Democracy: Blood Feuds And Albania Post Communism, Isabella Mahan

Themis: Research Journal of Justice Studies and Forensic Science

In 1991, Albania shifted from severe communist rule to a regime claiming to be democratic. However, to this day, Albania maintains undemocratic elements. This paper analyzes the impact of hybrid state capacity in the context of state-led justice and the implications for citizen compliance. Albanian culture possesses a deep history of reliance on Kanun and traditional justice in conjunction with the state's inconsistency and unreliability. It further establishes the disconnect between people and the state. Despite attempts to progress towards modernity, traditions of blood feuds reemerged with the movement away from communism. The failure to properly transition from authoritarianism to …

Policing In A Democratic Constitution, Michael Wasco

Indiana Journal of Constitutional Design

Most constitutions contain provisions relating to or impacting policing. Separate from the armed forces and intelligence services, the police are the state’s internal security apparatus, and codifying issues related to policing within a constitution can ensure efficient service delivery and human rights protections.

Originating from the Libyan constitution making process, this paper provides a taxonomy of options for constitution drafters and scholars. More so than other issues, such as separation of powers or human rights protections generally, policing sections are very country specific. While not advocating for specific best practices, the work gives ample justifications for certain policing principles and …

Book Review: A Citizen’S Guide To Impeachment, By Barbara Radnofsky, Wendy M. Rohleder-Sook

eJournal of Public Affairs

No abstract provided.

Minority Vetoes In Consociational Legislatures: Ultimately Weaponized?, Devin Haymond

Indiana Journal of Constitutional Design

In societies emerging from or at risk for conflict, dividing power among rival groups—called power-sharing—can be an appropriate arrangement to maintaining peace. But how can groups, who are often emerging from violent conflict, trust sharing a government with rival groups that were just recently shooting at them?

A potential solution is the minority veto, which is allows minority groups to block the government from harming those groups’ vital interests. But what sorts of change blocking mechanisms constitute a minority veto? Who gets the veto power, and when can they be used? Do minority vetoes function as effective incentives for ensuring …

Taxonomy Of Powers And Roles Of Upper Chambers In Bicameral Legislatures, Carolyn Griffith

Indiana Journal of Constitutional Design

Bicameral legislatures exist around the world, with power divisions to create checks and balances on the constitutional order as a whole. In the context of constitutional design, this presents a variety of options of roles and rights given to each chamber at each step in both the legislative process and beyond. Taken as a whole, this taxonomy demonstrates there are nearly an infinite number of possibilities for separating powers between upper and lower chambers in bicameral legislatures. Often, these decisions are guided by the history of the country. For each federal legislature that places powers or votes in one chamber, …

Models Of Pre-Promulgation Review Of Legislation, Rachel Myers

Indiana Journal of Constitutional Design

Pre-promulgation review seeks to harmonize legislation with the constitution by engaging in a dialogue among government institutions that seeks to prevent unconstitutional legislation from becoming law. Pre-promulgation review is an integral part of the lawmaking process, and this study seeks to unite scholarship on different methods of this review in a comparative survey to assist lawyers, policymakers, and scholars. A wide range of institutions may fulfill the function of reviewing proposed legislation for compliance with the constitution or other codes of national importance prior to their passage into law. Because of this diversity, scholarship on the topic of pre-promulgation review …

Lgbtq Training For Aquatic Employees: Impact On Attitudes And Professional Competencies, Austin R. Anderson, Eric Knee, William D. Ramos

International Journal of Aquatic Research and Education

This study examined the impact of a LGBTQ diversity training on the attitudes and professional competencies of aquatic employees within a campus recreational sports setting. While diversity training is often discussed as a key component of inclusive aquatic programming, little empirical research examining the outcomes associated with such trainings exists. As such, members of the research team developed, implemented, and evaluated a four-month long training program consisting of one in-person training session and monthly inclusion handouts discussing issues related to the inclusion of LGBTQ participants. A comparative quantitative research design was used to measure employee’s attitudes towards the LGBTQ population …

Mhpaea & Marble Cake: Parity & The Forgotten Frame Of Federalism, Taleed El-Sabawi

Dickinson Law Review (2017-Present)

No abstract provided.

The “Step-Child Of Scholarly Investigation”: Preliminary Observations About The Origins Of Academic Jewish Law Scholarship, David Hollander

Touro Law Review

No abstract provided.

Foreword To The Symposium: Jewish Law And American Law: A Comparative Study, Samuel J. Levine

Touro Law Review

No abstract provided.

How Two Sunken Ships Caused A War: The Legal And Cultural Battle Between Great Britain, Canada, And The Inuit Over The Franklin Expedition Shipwrecks, Christina Labarge

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

"All The Flowers May Die, But The Thistles Will Live": Sex Trafficking Through The Eyes Of A Police Officer-Researcher, Robert Chrismas

Dignity: A Journal of Analysis of Exploitation and Violence

This article is a description of the research I conducted on the sex industry in Manitoba, Canada, from 2016-2017. I interviewed 61 people, of which six were political leaders, 23 were social workers, 24 were police officers, and eight were sex industry survivors. About half of the practitioners I interviewed are also sex industry survivors. As a veteran police officer with 35 years of law enforcement experience, my research journey was unique from conducting the interviews to reporting my findings. These are some of my experiences and the lessons I learned about gathering and sharing the stories of sex industry …

Yelp’S Review Filtering Algorithm, Yao Yao, Ivelin Angelov, Jack Rasmus-Vorrath, Mooyoung Lee, Daniel W. Engels

SMU Data Science Review

In this paper, we present an analysis of features influencing Yelp's proprietary review filtering algorithm. Classifying or misclassifying reviews as recommended or non-recommended affects average ratings, consumer decisions, and ultimately, business revenue. Our analysis involves systematically sampling and scraping Yelp restaurant reviews. Features are extracted from review metadata and engineered from metrics and scores generated using text classifiers and sentiment analysis. The coefficients of a multivariate logistic regression model were interpreted as quantifications of the relative importance of features in classifying reviews as recommended or non-recommended. The model classified review recommendations with an accuracy of 78%. We found that reviews …

Trans Women In Incarceration: Housing, Healthcare, And Humanity, Stanislaw Bielous

Themis: Research Journal of Justice Studies and Forensic Science

This paper seeks to analyze the experience of male-to-female transgender inmates housed in men’s prisons and to propose housing and healthcare policies with humanity and safety for all in mind. To do this, the paper examines gender dysphoria and its treatments, transgender prisoners’ increased risk of victimization, current housing placement policies, and lastly, transgender prison healthcare practices. Ultimately, this paper proposes the use of fair and adequately trained panel-based placement teams, the provision of comprehensive mental and physical health care and the establishment of impartial grievance procedures.

Adoption Process For The Model Aquatic Health Code: An Example, William D. Ramos, Allison L. Fletcher, Mike Mettler, Marcus A. Yoder

International Journal of Aquatic Research and Education

In 2014 the U.S. Centers for Disease Control and Prevention (CDC) published the first edition of the Model Aquatic Health Code (MAHC). This document represented the inaugural introduction of a federal policy guideline with a direct focus in the area of aquatic venue operation and maintenance with the sole purpose of improving the nature of public health in the field. The Indiana State Department of Health (ISDH) began the review and adoption process soon after the policy’s release. The ISDH process is proposed as one method for others to consider. The background and history of the MAHC are presented in …

Panel Discussion: Author Meets Critic

Northwestern Journal of Law & Social Policy

No abstract provided.

Material Support Laws And Critical Race Theory, Nichole M. Pace

Access*: Interdisciplinary Journal of Student Research and Scholarship

The paper examines terrorism designation and material support laws for structural racism using Critical Race Theory. Legislation concerning terrorist organizations continues to limit efforts of humanitarian organizations and refugee applicants. The impact of such legislation extends beyond the designated terrorist organizations to the communities and countries they inhabit. This article describes the legal statutes and issues related to terrorist designation and material support laws before defining Critical Race Theory. The article seeks to understand the structural racism involved in the defined statutes and procedures. Using Critical Race Theory, the article defines how material support laws and terrorist designation procedures are …

Calvin Massey: Gentleman And Scholar, Ashutosh Bhagwat

The University of New Hampshire Law Review

I first met Calvin Massey in person in 1994, when I joined the U.C. Hastings faculty. However, I knew of and admired Calvin’s scholarship long before that. Six years earlier, I was a law student at the University of Chicago, and a student editor at the law review. In that role, I helped cite-check and edit a major article authored by Calvin, as well as a series of short responses by Calvin and other scholars, debating the meaning and scope of the Eleventh Amendment to the U.S. Constitution. I was struck then, and continue to be amazed, by the clarity, …

Calvin Massey, Gentleman Farmer, Evan Tsen Lee

The University of New Hampshire Law Review

[Excerpt] “So much of Calvin’s work was intelligible as work about freedom and independence, preventing aggregations of government power that threatened individual freedom. Calvin didn’t love federalism because he had a romanticized view of statehood, he believed in it because he thought centralized power in the federal government was a bigger threat to individual freedom than states were. In most states, a tin-pot governor and amateur hour legislators just aren’t going to be as effective at coercing beliefs as an Executive Branch that contains the U.S. Treasury, the Justice Department, the FBI, and the CIA, not to mention the Pentagon …

Why I So Enjoyed Learning With And From Calvin Massey, Vikram David Amar

The University of New Hampshire Law Review

[Excerpt] “I am pleased and proud to participate in this tribute to Calvin Massey, with whom I had the pleasure to work and play for about two decades. When I think of Calvin—and I think of him often—I think of a generous friend, a gregarious colleague and a genuinely good man. He possessed many admirable traits, but today I want to focus on three: (1) his breadth; (2) his independent mind; and (3) his thoughtfulness.”