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Articles 1 - 30 of 63
Full-Text Articles in Law
Containerization Of Seafarers In The International Shipping Industry: Contemporary Seamanship, Maritime Social Infrastructures, And Mobility Politics Of Global Logistics, Liang Wu
Dissertations, Theses, and Capstone Projects
This dissertation discusses the mobility politics of container shipping and argues that technological development, political-economic order, and social infrastructure co-produce one another. Containerization, the use of standardized containers to carry cargo across modes of transportation that is said to have revolutionized and globalized international trade since the late 1950s, has served to expand and extend the power of international coalitions of states and corporations to control the movements of commodities (shipments) and labor (seafarers). The advent and development of containerization was driven by a sociotechnical imaginary and international social contract of seamless shipping and cargo flows. In practice, this liberal, …
Migrant Children And Legislation: Integrating Knowledge About Trauma Into Policy, Yolennys E. Albornoz
Migrant Children And Legislation: Integrating Knowledge About Trauma Into Policy, Yolennys E. Albornoz
Dissertations, Theses, and Capstone Projects
This study seeks to integrate some knowledge about trauma into migration policies in the U.S. regarding children. Migration is not a novel concept; it is a dynamic phenomenon that experiences continuous changes and constantly increases in numbers. Globally, the United States has been the primary destination for foreign migrants for a long time, and most of them are Latinos who cross the U.S. and Mexico border. Here, I explore how children face trauma in their home country, which forces them to migrate. Also, while they migrate and after they have migrated, exposing the three stages of trauma for migrant children. …
Collect Cosmic Dust, Make It Into Bright Stars: The Use Of Temporal Data In Regeneration Of Life Space And Time Via A Construction Of The Political-Sociological Theory Of Justice, Yi Wang
Dissertations, Theses, and Capstone Projects
This thesis argues for an argument-counterargument approach to the atypical classics of Franz Kafka and Emily Dickinson. This approach to the literature is useful for a construction of the political-sociological theory of justice, which claims that the state of a just world is each individual’s lifetime moving in a dialectic-of-anti-violence-and-non-violence manner.
The Unitary Executive Theory: Benefits And Dangers, Dani Heba
The Unitary Executive Theory: Benefits And Dangers, Dani Heba
Student Theses and Dissertations
This paper examines the unitary executive theory's growth and implications for the modern presidency.
Ukraine’S Quest For Justice: Accountability For Atrocities Committed In The Russia-Ukraine War, Tetiana Karpus
Ukraine’S Quest For Justice: Accountability For Atrocities Committed In The Russia-Ukraine War, Tetiana Karpus
Dissertations and Theses
The Russian Federation's full-scale military invasion of Ukraine on February 24, 2022, has been marked by numerous documented atrocities, potentially falling under the categories of war crimes and crimes against humanity. This thesis aims to explore whether these apparent human rights and humanitarian law violations merit international prosecution. It also assesses the suitability and feasibility of various mechanisms, such as establishing national courts, "internationalized" or "hybrid" tribunals, or resorting to the International Criminal Court (ICC), drawing insights from past experiences in transitional and retributive justice.
Operation Lone Star: The Spectacle Of Immigration Federalism, Danielle Puretz
Operation Lone Star: The Spectacle Of Immigration Federalism, Danielle Puretz
Dissertations, Theses, and Capstone Projects
Texas Governor Greg Abbott launched Operation Lone Star in March 2021 to respond to the “crisis” at the United States/Mexico border. While in the US immigration is usually thought of as a federal responsibility, different states have worked to expand their capacity to welcome or exclude immigrants. Operation Lone Star is an example of how one state is working to restrict immigration to the US and build notoriety for its republican governor. Drawing on press releases, executive orders, news articles, opinion pieces, and other sources I highlight the performative politics within this initiative. Operation Lone Star is an example of …
Legislating Against Liberties: Congress And The Constitution In The Aftermath Of War, Harry Blain
Legislating Against Liberties: Congress And The Constitution In The Aftermath Of War, Harry Blain
Dissertations, Theses, and Capstone Projects
How far can a democracy go to protect itself without jeopardizing the liberties upon which democracy depends? This dissertation examines why wartime restrictions on civil liberties outlive their original justifications. Through a comparative historical analysis of five major American wars, it illustrates the decisive role of the U.S. Congress in preserving these restrictions during peacetime. This argument challenges the prevailing consensus in the literature, which identifies wartime executive power as the main threat to postwar freedoms. It also reveals broader narratives of American constitutional development, including the rise and fall of intrusive congressional investigations, the decline of sedition legislation since …
The Enduring Role Of Conflict In The Perpetuation Of Famine: Advancing 'The Right To Adequate Food' For Sustainable Peace, Robert M. Bane
The Enduring Role Of Conflict In The Perpetuation Of Famine: Advancing 'The Right To Adequate Food' For Sustainable Peace, Robert M. Bane
Dissertations and Theses
The present thesis evaluates developments and trends in global conflict dynamics, global systems of governance, and global hunger. Together, the thesis investigates and upholds the notion that famine is a ‘man-made’ phenomenon and explains how famine persists in a world abundant with food. Through analysis and research the following is found: the occurrence of global conflict is accelerating alongside an increase in the severity of organized violence dynamics; global authoritarianism is expanding presenting a threat to global freedoms and liberal democracy; as these trends are occurring, world hunger is steadily on the rise reflecting a significant backsliding of progress achieved …
The Gendered Interpretation Of Child Marriage: A Niger Case Study, Melissa Safi
The Gendered Interpretation Of Child Marriage: A Niger Case Study, Melissa Safi
Dissertations and Theses
This paper seeks to answer the question, what is the primary factor driving child marriage? I explore the literature in several scholarly articles that explain why the harmful, traditional practice of child marriage is an issue that predominantly affects girls globally. I also utilize the feminist theory of international relations to support my analysis of child marriage as a gender issue. Incorporating evidence from annual international reports, scholarly articles, and mixed methods studies, this paper examines a case study of Niger, where child marriage affects more than half the population of girls under the age of 18. In studying Niger, …
Intangible Cultural Heritage: A Benefit To Climate-Displaced And Host Communities, Gül Aktürk, Martha B. Lerski
Intangible Cultural Heritage: A Benefit To Climate-Displaced And Host Communities, Gül Aktürk, Martha B. Lerski
Publications and Research
Climate change is borderless, and its impacts are not shared equally by all communities. It causes an imbalance between people by creating a more desirable living environment for some societies while erasing settlements and shelters of some others. Due to floods, sea level rise, destructive storms, drought, and slow-onset factors such as salinization of water and soil, people lose their lands, homes, and natural resources. Catastrophic events force people to move voluntarily or involuntarily. The relocation of communities is a debatable climate adaptation measure which requires utmost care with human rights, ethics, and psychological well-being of individuals upon the issues …
A Review Of Data Protection Regulations And The Right To Privacy: The Case Of The Us And India, Chrisann Campbell
A Review Of Data Protection Regulations And The Right To Privacy: The Case Of The Us And India, Chrisann Campbell
Dissertations and Theses
Since 1948 and the signing of the Universal Declaration of Human Rights, the concept of privacy has grown more complex with the rise of technology and a shift to the internet. In particular, the unregulated use of technologies that can capture individuals' personal data without their knowledge or consent poses a threat to their right to privacy and other additional human rights. The protection of the collection, storing, and transfer of users' personal data against data breaches also ensures that the right to privacy is guaranteed. Through examining two countries, the U.S. and India, on the idea of privacy, personal …
Who Upholds Your Human Rights When You Are “Stateless?” Why Couldn’T The Un Protect The Rohingya’S Human Rights?, Hyochan Lee
Who Upholds Your Human Rights When You Are “Stateless?” Why Couldn’T The Un Protect The Rohingya’S Human Rights?, Hyochan Lee
Student Theses and Dissertations
In 2017, genocide in Myanmar took place against the stateless minority Rohingya Muslims. Why couldn’t the UN protect the Rohingya’s human rights? The international community's efforts to oppose these violations against the stateless people have been only passive. Then, who upholds your human rights when you are stateless? Using chronology, historical institutionalism, and process tracing analyses, this thesis (1) evaluates the UN’s legal regime’s systemic design and capabilities in protecting human rights; then (2) identifies the design flaws of our international human rights regime; and lastly, (3) develops a recommendation to protect all people, stateless or not. Based on both …
Corporations And The American Polity, Patrick Labossiere
Corporations And The American Polity, Patrick Labossiere
Student Theses and Dissertations
Research on corporate communications’ effects on politics presents an acknowledgement of a relationship between the two topics, leaving a void in the explanation and examination of this topic. The void presents an opening to introduce a conceptual process for how corporations are able to craft communications to influence the American Polity, the democratic social organization within the United States. This research begins with a historical review of how corporations gain prominence in American society, capturing the ability to participate in the democratic social organization of the polity. A qualitative analysis of several conceptual frameworks serves as data, to establish an …
Black Parental Involvement In A Suburban School District, Walter L. Fields
Black Parental Involvement In A Suburban School District, Walter L. Fields
Dissertations, Theses, and Capstone Projects
Since the historic decision of the United States Supreme Court in Brown v. Board of Education in 1954, Black parents in the United States have been in a continual search for public school districts in which their children would receive an education that would allow them to be productive citizens and economically self-sufficient. From the period of the Great Migration to present day, the movement of Blacks in America has been driven by a quest for opportunity. Black parents have made tremendous sacrifices in the hope of securing a good education for their children, including movement away from families, longtime …
The Guinea-Bissau Constitutional Reform Debate, Watson Aila Gomes
The Guinea-Bissau Constitutional Reform Debate, Watson Aila Gomes
Dissertations, Theses, and Capstone Projects
The enactment of law is not to be confused with the rule of law, and simply having a constitution does not guarantee political order. In Guinea-Bissau there have been calls to write a new constitution, but whether that helps Guinea-Bissau become a more stable country is questionable. Currently, there is a gap in the research of social science, history and political science examining how the processes of instability have unfolded in Guinea-Bissau. Few studies attempt to examine the correlation between a country’s stability and its constitution. A paradoxical situation exists in many countries in Africa where the political system is …
Ascriptive Nationalism, Demagoguery, And The Modern Presidency: A Case Study In Constitutional Decay, Christopher J. Putney
Ascriptive Nationalism, Demagoguery, And The Modern Presidency: A Case Study In Constitutional Decay, Christopher J. Putney
Dissertations, Theses, and Capstone Projects
This study is an account of the modern presidency as a source––and under Donald Trump, an accelerant––of systemic problems in American politics. Against the prevailing scholarly view of the Trump presidency as an unqualified aberration, I argue that the signal features of his efforts at governance are actually the product of converging patterns of political and institutional order. Building on seminal (but previously disjointed) work on ascriptive Americanism and the rhetorical presidency, I show that Trump represents the political synthesis of America’s ascriptive tradition and a form of presidential leadership inaugurated more than a century ago by Woodrow Wilson. Moreover, …
In Search Of Trojan Horses: The United Nations Culture War, Patricia Ackerman
In Search Of Trojan Horses: The United Nations Culture War, Patricia Ackerman
Dissertations, Theses, and Capstone Projects
This dissertation examines the expanding influence of the religious Right at the UN, building on extant scholarship on the role of the culture war at the UN. This scholarship has tracked the increasing presence of the religious Right following the Beijing World Conference on Women and the Cairo Conference of Population and Development. Since that time, there has been a systematic and strategic movement against LGBT human rights and sexual and reproductive health and rights. The religious Right influence UN discourse, documents, and global policy in favor of their agenda. This conflict manifests in a frenzied media and policy battle …
Social Contract Theory And Transitional Justice: A Philosophical Approach To A Problem Of Global Importance, Brendan Moriarty
Social Contract Theory And Transitional Justice: A Philosophical Approach To A Problem Of Global Importance, Brendan Moriarty
Dissertations, Theses, and Capstone Projects
In this thesis, I seek to bring together two areas of scholarly work to see how each can inform the other: social contract theory and transitional justice. The social contract, as it exists and as it was theorized about by Rousseau, was born from the world-historic forces that spread capitalism across the globe, stirring up nationalism everywhere it went. In its wake, there was vast inequality and new legal regimes which protected the hoarded wealth of the capitalist class by enshrining the right of private property along with life and liberty. To examine the intricacies of transitional justice and its …
Dangerous Exhibitions: Erotic Justice And Comparative Constitutional Law, Elena Cohen
Dangerous Exhibitions: Erotic Justice And Comparative Constitutional Law, Elena Cohen
Dissertations, Theses, and Capstone Projects
The beginning of the 21st century is widely seen as a time of great progress for LGBTQ people. Gay marriage, gay sex, adoption by same sex couples, and gay people serving in militaries have all been legalized in many countries in the past two decades, often through the decisions of constitutional courts. However, these constitutional protections of sexuality have been found in limited contexts and applied to a limited class of people, such that many are still vulnerable to repression by governments and majoritarian politics. In order to resist this sexual oppression, I widen the focus from gay and …
Legal Frameworks For Protecting Cultural Heritage In Conflict Zones, Marcie M. Muscat
Legal Frameworks For Protecting Cultural Heritage In Conflict Zones, Marcie M. Muscat
Dissertations and Theses
Cultural heritage has always been at risk during times of war. UNESCO first endeavored to address the issue shortly after World War II, in 1954, when it passed the first of three signature conventions to protect against the damage, destruction, and pillage of cultural property in times of armed conflict. Lacunae and other deficiencies in their frameworks, however, rendered these conventions difficult to enforce and largely ineffectual. This study offers an assessment of the strengths and limitations of the UNESCO system of cultural-heritage protection, with a particular focus on the 1954 Hague Convention. It is argued that, by superseding certain …
Emergent Women's Global Political Leadership: Progress Despite Constraints, Aoife Meehan
Emergent Women's Global Political Leadership: Progress Despite Constraints, Aoife Meehan
Dissertations and Theses
“Emergent Women’s Global Political Leadership: Progress Despite Constraints” seeks to trace why and how female political leaders emerge at the global level. Evidence points to certain cultural factors, often expressed by laws, constraining or supporting women as they seek political advancement. Data shows women leaders are emerging more and more, though slowly, as political leaders around the world. Reviewing women’s participation and representation regionally and nationally in parliaments, as ministers, and as heads of governments and states confirms that women can and do emerge as political leaders. Finally, learning about and examining women leaders themselves, their style and substance, proves …
The Origins Of The Jones Act Of Puerto Rico, Stephanie Mercedes
The Origins Of The Jones Act Of Puerto Rico, Stephanie Mercedes
Dissertations, Theses, and Capstone Projects
After the Spanish-American War that ended in 1898, Puerto Rico was given to the United States by Spain as a war booty, becoming a US colony. The first law ever created by the United States to control Puerto Rico was the Foraker Act (also known as the Organic Act of 1900). This established a civilian government in Puerto Rico. It also extended the federal government rulings to the island. After its creation, the Puerto Rican population began to wonder what their political status was since nothing was concretized until the Jones Act was signed. The Merchant Marine Act of 1920, …
Between Politics And Morality: Hans Kelsen's Contributions To The Changing Notion Of International Criminal Responsibility, Jason Kropsky
Between Politics And Morality: Hans Kelsen's Contributions To The Changing Notion Of International Criminal Responsibility, Jason Kropsky
Dissertations, Theses, and Capstone Projects
The pure theory of law analyzes the legal normative basis of jurisprudence. According to its author, Hans Kelsen (1881-1973), the study of law as a science can only arise once “alien elements” associated with sociology, politics, ethics and psychology are extracted from strict legal cognition. But what happens when the international sphere of law that possesses the special quality of holding state officials accountable for core international crimes requires intrusion by extra-legal sources? Does Kelsen’s structural edifice collapse? Or is it reconstituted? In examining how international criminal responsibility, a test case for Kelsen’s positive law claims derives its legitimacy, this …
Cosmopolitan Democracy: Re-Evaluation Of Globalization And World Economic System, Muhammad Dalhatu
Cosmopolitan Democracy: Re-Evaluation Of Globalization And World Economic System, Muhammad Dalhatu
Dissertations, Theses, and Capstone Projects
This thesis examines cosmopolitan democracy theory as a method of addressing the problems of globalization. I begin by introducing the concept of “cosmopolitan democracy.” I then proceed to discuss contemporary political climate and its relation to critiques of globalization. Finally, I conclude by examining the elaborations of cosmopolitan democracy by various theorists as a way of addressing these problems. Chapter 1 introduces the work of David Held who introduced the concept in his book, Cosmopolitan Democracy and the Global Order: Reflections on the 20th Anniversary of Kant’s “Perpetual Peace.” Cosmopolitan democracy refers to global governance through democratic theory. Held …
Sweeping Exposures: Lead Poisonings And Black Working Poor Populations In The United States, Shirley Reid
Sweeping Exposures: Lead Poisonings And Black Working Poor Populations In The United States, Shirley Reid
Dissertations, Theses, and Capstone Projects
The focus of my thesis is to explore some of the realities that the impoverished urban black poor populations face in America today. The goal of my thesis is to illustrate how poverty is reproduced within impoverished neighborhoods through the idea and mechanism of lead exposure, by recognizing how specific exposure to the element lead and its by-products is both a symbol and a material cause of black urban poor illness and disability. There is no mistake that people living in the U.S. are aware of the social injustices against black populations in the form of racial injustice. However, …
The Role Of Women In Terrorism, Zeynep Bayar
The Role Of Women In Terrorism, Zeynep Bayar
Dissertations, Theses, and Capstone Projects
The main purpose of this paper is to understand what motivate women to join terrorist groups and why these organizations prefer to work with female terrorists. Although each woman has different reasons to involve in terrorist groups, this research demonstrates 'religious, political and personal' reasons as the major motivating factors. This study also focuses on the question of why women are the targets of terror recruiters. In order to answer these, the research analysis examines 'psychological, gender, and media' factors as major recruitment reasons of terrorist organizations. This study also analyzes the similarities and differences between female terrorists' profiles of …
Constraint And Control, Patricia Ayres
Constraint And Control, Patricia Ayres
Theses and Dissertations
I have long considered themes of the body. Drawing on my knowledge as a fashion designer, I bring materials and hardware from the fashion industry into my artwork transforming and rendering them non-functional. My sculptures relate to stories of isolation, separation, and confinement. The following pages will analyze how the United States penal system controls, constrains and restricts the body through physical and psychological wounds. Furthermore, they will examine how the Catholic Church controls people’s minds and behavior through a ritualistic belief system.
Shared Deliberations: Learning From The Voices Of Social Justice Lawyers On Their Aspirations, Challenges And Roles, Ian Head
Dissertations, Theses, and Capstone Projects
Lawyers in the U.S. who attempt to advocate for social justice issues, often on behalf of those communities most targeted by government institutions and oppressive legal systems, have unique perspectives into the challenges of using the law to create transformative change. This thesis examines the voices of over a dozen attorneys fighting not only on behalf of their clients, but also wrestling with how to best use a set of legal tools not meant for dismantling systems of power. Listening to how these legal advocates navigate their roles inside a system of laws created to consolidate rather than distribute power …
The Curious Case Of Will Brooke, Adam Muro
The Curious Case Of Will Brooke, Adam Muro
Capstones
William Wade Brooke, an Alabama businessman with ties to state and national Republican Party politics and scandal, was for over one year a registered foreign agent working for the office of Saad Hariri, Prime Minister of Lebanon. He was the only registered lobbyist for Hariri while he was active, and stranger yet he stated on his Foreign Agent Registration Act forms that he was working for free. An investigation into his background and ties to Lebanon revealed that he lobbied for free in recognition of favors that Hariri did, and continues to do, for a christian missionary group Brooke is …
Feeling As Knowing: Trans Phenomenology And Epistemic Justice, B. Lee Aultman
Feeling As Knowing: Trans Phenomenology And Epistemic Justice, B. Lee Aultman
Dissertations, Theses, and Capstone Projects
This dissertation is a critical intervention into the literatures on epistemic and phenomenological claims about trans experiences, and embodied knowledge more generally. It also addresses the conception of ordinary affects, or feelings of self-adjustment in everyday life, and their political implications for trans people. Traditional literatures on the political tend to avoid questions of embodiment and the experiences of everyday life in favor of institutional interpretations of courts, elections, and protest movements. This has become particularly true of scholarship on trans politics and theories of ordinary life. These literatures often reduce political movements to their presumed universal intentions for constitutional …