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Articles 1 - 30 of 455
Full-Text Articles in Law
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. …
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, …
Development Of The Right To Privacy In Montana Discourse And The Montana Constitution, Scott A. O'Donnell
Development Of The Right To Privacy In Montana Discourse And The Montana Constitution, Scott A. O'Donnell
Undergraduate Theses, Professional Papers, and Capstone Artifacts
No abstract provided.
For Richer Or Poorer: The Warren Court's Relationship To Socioeconomic Class, Nicole Jonassen
For Richer Or Poorer: The Warren Court's Relationship To Socioeconomic Class, Nicole Jonassen
CMC Senior Theses
The U.S. Constitution does not enshrine socioeconomic rights. Why does this matter? Many argue that socioeconomic rights have value in and of themselves because they secure certain minimum conditions of human dignity, but socioeconomic rights also have instrumental value because abject material deprivation often makes traditional political and civil rights meaningless. In this thesis, I explore the relationship between U.S. constitutional law and socioeconomic rights through an analysis of the Warren Court’s decisions regarding socioeconomic class. In Chapter 1, I present existing literature on socioeconomic rights, socioeconomic rights in the American context, and what many scholars see as the Warren …
The Bork Nomination And Degradation Of Debate, Alexa Mast
The Bork Nomination And Degradation Of Debate, Alexa Mast
Honors Projects and Presentations: Undergraduate
The president’s power to nominate Supreme Court justices could be the tool best-suited for crafting a legacy, for it is the power to impact the nation well beyond the length of his term. With the unraveling of the New Deal coalition and the ascension of the Rehnquist Court, the retirement of Justice Lewis F. Powell invited the opportunity for President Ronald Reagan to secure a conservative majority on the Supreme Court for the next generation. His nominee was one of the most prominent conservative legal scholars in the nation, and a favorite of the Republican party who boasted an impressive …
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 Land That Feminism Forgot": Birthzillas, Madwives, And The Politics Of Chilbirth, Amber Vayo
"The Land That Feminism Forgot": Birthzillas, Madwives, And The Politics Of Chilbirth, Amber Vayo
Doctoral Dissertations
“The Land that Feminism Forgot” is an in-depth exploration of the politics of childbirth that draws together qualitative and quantitative evidence to theorize the connections between treatment in childbirth and maternal mortality. Situating the qualitative research in the larger national context, the second chapter offers a State Reproductive Autonomy Index that provides an overview of the reproductive policy landscape at the national level. The dissertation then explores the role of institutionalized childbirth, medical mistrust, and obstetric violence in the U.S.’s longstanding maternal mortality crisis and offers policy suggestions in key public health areas. Through 120 qualitative interviews with people who …
The Fall And Rise Of Bengali Muslim Conciousness: Conceptualising The Identity Of The Bangla Universal, Habib Khan
The Fall And Rise Of Bengali Muslim Conciousness: Conceptualising The Identity Of The Bangla Universal, Habib Khan
Theses and Dissertations
The emergence of modern-nation states saw the end of the empirical era of exploitation and exercise of inherent racist tendencies towards the 'other'. However, the effect of that colonial system is still ever-present in the creation and governance of these newly independent states. While every new state aims to be 'modern', they adopt the international legal framework of the West as their own - a system they had initially wanted to escape. The concept of Muslim universality in the form of the ummah should have freed Pakistan from the shackles of its former colonial masters. Instead, this phenomenon was replaced …
Network Tango: Examining State Dispositions Toward Attribution In International Cyber Conflict, Robert Riley Turner
Network Tango: Examining State Dispositions Toward Attribution In International Cyber Conflict, Robert Riley Turner
University Honors Theses
Cyberspace is an environment of international conflict often sought out due to its ability to create significant effects at little cost, and obfuscating the ready attribution of hostility. One avenue toward streamlining the attribution of hostile actions in cyberspace is the introduction of a due diligence of data transparency amongst states. This level of data transparency must somehow be incentivized. The following study surveys the geopolitical dispositions of three major powers that utilize cyberspace as a venue of conflict: The United States, China, and Russia; in order to determine how each nation might interact with an international due diligence of …
War, Decisions, И Деньги: Analyzing Private Military Companies In American And Russian Contexts, Tara Harper
War, Decisions, И Деньги: Analyzing Private Military Companies In American And Russian Contexts, Tara Harper
University Honors Theses
Private Military Companies (PMCs) have become increasingly prevalent throughout the global security landscape. Their rise has led war - and the tools state's use to wage it - to become increasingly privatized with each state's varied approach to the evolving security landscape. Understanding and comparing the role of PMCs in such states as the U.S. and Russia allows for greater clarity regarding the industry as a whole, due to the structural differences in each state's approach to utilizing these companies. Regarding the Russian context, such companies as the Wagner Group have increasingly gained global attention due to how they are …
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.
Cuban Embargo: An Insufficient Measure To Encourage Us Foreign Policy Interests, Esme Jm Prowse
Cuban Embargo: An Insufficient Measure To Encourage Us Foreign Policy Interests, Esme Jm Prowse
Major Papers
This major paper examines the Cuban embargo as an ineffective hard power policy and explores the potential of soft, hard, and smart power as alternative approaches to resolve the failures of the 60-year-old blockade. The paper analyzes the historical context and rationale behind the embargo and assesses its impact on Cuban-American relations, regional stability, and U.S. national interests. The study argues that the embargo has failed to achieve its intended goals and has instead perpetuated a cycle of hostility, isolation, and human rights abuses. By drawing on the theoretical frameworks of soft, hard, and smart power, the paper presents policy …
Language Laws And Regional Identity: A Case Study Of Euskera In The Basque Country, Jenna Ebel
Language Laws And Regional Identity: A Case Study Of Euskera In The Basque Country, Jenna Ebel
Honors Theses
This thesis explores the interconnectivity between language laws and regional identity, focusing on education, public health, and transnational systems. Through this case study of the Basque Country, the context and wording of the language laws in the subregions within the Basque Country are utilized to understand how they affect the usage and understanding of the Basque language, “Euskera.” Through this, the study is then focused on the Spanish autonomous community of the Basque Country to understand the effects of a minority language on educational systems, the COVID-19 Pandemic, and the connections to both the EU and the UN. Through a …
The Railsplitter And The Pathfinder: The Relationship Between Abraham Lincoln And John C. Frémont, Kourtney Yantis
The Railsplitter And The Pathfinder: The Relationship Between Abraham Lincoln And John C. Frémont, Kourtney Yantis
Electronic Theses & Dissertations
This study serves as an analysis of the connections between Abraham Lincoln as President of the United States and John Charles Frémont as a Civil War general. Lincoln’s position within history is solid, unlike that of John C. Frémont. The thesis will elevate Frémont to a higher status as a historical figure by arguing that the emancipation edict that he issued for Missouri in August of 1861 would influence Abraham Lincoln’s preliminary emancipation proclamation of September 1862, even though Lincoln repealed Frémont’s decree. In biographies of each man, their interactions are merely a small part of the stories of their …
Tribal Statecraft And Freedom Of Expression In Jordan, Taylor Northcutt
Tribal Statecraft And Freedom Of Expression In Jordan, Taylor Northcutt
Honors Theses
In this research paper, I investigate the connection between the policies regarding freedom of speech and expression promulgated by the government of Jordan in the decade following the Arab Spring and Jordan’s tribal Bedouin heritage, with a focus on how traditional Bedouin values and attitudes regarding the nature and purpose of public spaces influence modern state policies regarding freedom of expression. In the investigation of this subject, I surveyed a diverse catalog of research covering politics and issues of freedom of expression in Jordan in the 2010s as well as the political and social values of tribal Arab culture in …
Abortion In America After Roe: An Examination Of The Impact Of Dobbs V. Jackson Women’S Health Organization On Women’S Reproductive Health Access, Natalie Maria Caffrey
Abortion In America After Roe: An Examination Of The Impact Of Dobbs V. Jackson Women’S Health Organization On Women’S Reproductive Health Access, Natalie Maria Caffrey
Senior Theses and Projects
This thesis will examine the limitations in access to abortion and other necessary reproductive healthcare in states that are hostile to abortion rights, as well as discuss the ongoing litigation within those states between pro-choice and pro-life advocates. After analyzing the legal landscape and the different abortion laws within these states, this thesis will focus on the practical consequences of Dobbs on women’s lives, with particular attention to its impact on women of color and poor women in states with the most restrictive laws. The effect of these restrictive laws on poor women will be felt disproportionately due to their …
Batson V. Kentucky Guidelines And The Use Of Peremptory Challenges In Arkansas Courts: A Case Study, Abigail Lindsey
Batson V. Kentucky Guidelines And The Use Of Peremptory Challenges In Arkansas Courts: A Case Study, Abigail Lindsey
Political Science Undergraduate Honors Theses
The peremptory challenge is a method by which attorneys can strike a potential juror from the jury pool without a valid reason. With Batson v. Kentucky (1986), the Supreme Court ruled that peremptory challenges cannot be issued on the basis of race, however, there are many problems with the way this precedent has been followed in various states. The goal of this research is to analyze how Arkansas courts implement the Batson precedent. This research also studies whether the way in which Arkansas courts utilize the peremptory challenge creates ideologically imbalanced juries.
Women In Southern Politics: How The Southern Experience Shaped Two Contemporary Forces, Liza Montgomery
Women In Southern Politics: How The Southern Experience Shaped Two Contemporary Forces, Liza Montgomery
Political Science Undergraduate Honors Theses
Numerous books, papers, journals, articles, and newspapers have explored the human experience in the American South for many decades. Much of this recorded history and further academic and historical literature spans the time period since the passage of the Nineteenth Amendment in 1920. Most of these works, while claiming to focus on the entire population, address only the life experiences of men while assuming their information pertains to the entire population. Although a portion of these accounts focus on the African American experience overall, just a fraction examines the female experience. In this paper I will be examining women’s political …
The Supreme Court's Third Shift: Policy, Precedent, And Public Opinion Via The Shadow Docket, Taraleigh Davis
The Supreme Court's Third Shift: Policy, Precedent, And Public Opinion Via The Shadow Docket, Taraleigh Davis
Theses and Dissertations
The Supreme Court is attracting more attention to its emergency docket – cases decided with neither briefing nor oral argument. These cases, while seemingly focused on immediate, individual problems, could potentially create policy in a way not necessarily intended or approved by Congress. Because the Court is particularly reliant on institutional support for effective policymaking and because we know that people support the Court, at least in part, due to its legalistic nature and its specific procedures, some are concerned that making decisions using this alternative, less public process as well as relying on these hastily decided cases as precedent …
The Weaponization Of Rape: Conflict-Related Rape And The International Criminal Court, Claire Velte
The Weaponization Of Rape: Conflict-Related Rape And The International Criminal Court, Claire Velte
International Relations Honors Papers
Conflict-related rape—once thought to be an inevitable symptom of war—has been legally recognized as both a distinct weapon of war and a crime against humanity, yet it continues to be utilized with impunity. To understand why combatants rape, this paper examines the aspects of military culture that create environments in which raping is not only permissible, but encouraged; additionally, this paper considers cases of genocide in Bosnia and Rwanda in which rape was used systematically to achieve political goals, and how these conflicts contributed to new conceptions of rape in international criminal law. These new conceptions of conflict-related rape created …
A Remembrance Project: The Lynching Of Brack Kinley And Luther Durrett, Addison Rogers
A Remembrance Project: The Lynching Of Brack Kinley And Luther Durrett, Addison Rogers
Undergraduate Theses
From 1882 to 1968, the National Association for the Advancement of Colored People (NAACP) estimates that 4,743 lynching’s occurred in the U.S. While other organizations report a slightly different number, the harsh reality of terror and violence remains the same. These violent acts of murder were used as a mechanism by white mobs to promote terror and enforce control upon the black community. Despite the presence of terror and violence in our current society, little is taught about such history and the people who were murdered. Instead of an emphasis on the actual history and the lives lost, the emphasis …
What Doesn’T Kill You Makes You Stronger: The Shifting Strategies Of Japan’S Yakuza In Response To Economic Globalization And Securitization, Benjamin P. Murkison
What Doesn’T Kill You Makes You Stronger: The Shifting Strategies Of Japan’S Yakuza In Response To Economic Globalization And Securitization, Benjamin P. Murkison
Honors College Theses
The Yakuza in Japan is a deeply traditional and infamous ethnic mafia, which has historically based their profits off of the protection of gambling rings and street vendors, but have developed into one of the most sophisticated and wealthy criminal institutions in the world. Reaching their peak in the 1960’s with around 200,000 members, the Yakuza has been in a slow decline ever since. However, the past decade has seen the most dramatic drop in Yakuza numbers in recorded history, as a result of increasing securitization by the Japanese state. As their power has declined within Japan, they have only …
Natural Lights & Natural Rights: The Problem Of The New Classical Natural Law Theory, Charles Neville Cacciatore
Natural Lights & Natural Rights: The Problem Of The New Classical Natural Law Theory, Charles Neville Cacciatore
LSU Master's Theses
The present work examines the natural law jurisprudence of John Finnis. It argues that Finnis’s teaching is a genuinely new natural law theory. Finnis’s jurisprudence is not a re- presentation of the jurisprudence of St. Thomas Aquinas because its central element—a doctrine of natural rights—is a departure from Aquinas’s natural law teaching. In support of these claims, the present work relies upon the scholarship of Ernest L. Fortin, A.A. Following Fr. Fortin, it presents an understanding of the natural law that endorses a clear distinction between natural right and natural rights—between premodern political philosophy and modern political philosophy.
Just Choices? Judicial Selection, Ideology, And Partisanship In The Ohio Supreme Court, Margo D'Agostino
Just Choices? Judicial Selection, Ideology, And Partisanship In The Ohio Supreme Court, Margo D'Agostino
Undergraduate Honors Thesis Projects
This thesis joins the conversation on judicial selection and impacts on judicial ideology. This is a multifaceted question that engages with the history of judicial selection, differences between states, growing polarization and partisanship, and an influx in campaign spending that can all influence Justices’ behavior while on the bench. While other theorists have used more quantitative or statistical analytics, more research is still needed on the nuanced and qualitative questions surrounding the judiciary in the United States, especially on the state level. I look at three Ohio Supreme Court Justices—Maureen O’Connor, Jennifer Brunner, and Sharon Kennedy—and decisions they have penned …
The Paradox Of Death Penalty Delay: A Judicial, Empirical, And Ethical Study, Zoë Gill
The Paradox Of Death Penalty Delay: A Judicial, Empirical, And Ethical Study, Zoë Gill
Senior Theses and Projects
The American death penalty has been at the center of political debates for decades. More specifically, the complexity of death penalty delay has gained significant attention from the public as well as the Supreme Court justices. Death penalty delay represents the time that transpires between when a capital crime is committed and when the execution is carried out. Today, more than half of all prisoners currently sentenced to death have been on death row for more than 18 years. This staggering statistic has ignited debate and divided the conservative justices from the liberal justices even more. This thesis will first …
The Future Of Bail Reform In The United States, Mary Gorham
The Future Of Bail Reform In The United States, Mary Gorham
Senior Theses
This thesis examines bail reform, specifically cash bail reform, across several jurisdictions in the United States. The goal of this research is to provide a synthesis of the literature and reform efforts at the state and federal levels. Importantly, this thesis will examine recent modifications to the cash bail systems in four states. in order to get a balanced perspective on the success of these reform efforts. In the pages that follow, there will be a presentation of the literature review and a discussion of the reforms that have been undertaken since 2015. Additionally, this thesis will discuss how the …
Impact Of Social Media On Public Perception Of Government Covid-19 Response Efforts, Taher Taher
Impact Of Social Media On Public Perception Of Government Covid-19 Response Efforts, Taher Taher
Theses and Dissertations
This research aims to understand this phenomenon to provide insights into how governments can perform better in times of crisis regarding social media and its impact on public opinion. This research aims to understand how social media impacts public perception of government COVID-19 response efforts by studying Facebook comments, likes, and reactions (emoticons).
The study was based on data gathered from Facebook comments on the daily infographic COVID-19 statistics from the official site of the Ministry of Health and Population. The sampling frame is the 52 weeks of 2020, January to December, through random sampling resulting in 546 comments. The …
Elder Abuse In Canada: Dimensions And Policy Responses, Taylor Marekovic
Elder Abuse In Canada: Dimensions And Policy Responses, Taylor Marekovic
Major Papers
Elder abuse and neglect continues to be a gray area when it comes to convicting perpetrators such as family, friends, strangers, and caregivers who commit any form of physical, psychological, financial, neglect, or sexual abuse towards an elder. This is due to the legal definition being vague and non-transparent. The legal and health systems rely on two different definitions of what is deemed to be elder abuse and neglect in Canada when reviewing or assessing allegations of such abuse. Elder abuse and neglect increased throughout the COVID-19 pandemic, during which Ontario and the rest of Canada experienced staffing shortages in …
Why Are We Not Worth Saving? Latin American Immigrant Women's Experiences With Post-9/11 Crimmigration Policies And Asylum-Seeking In The United States, Kaye Romans
Undergraduate Honors Theses
This thesis discusses Crimmigration—the convergence of criminal policies and immigration law—in a post-9/11 world as it relates to Latin American Immigrant women seeking asylum in the United States. Utilizing case law, legislation, and legal scholarship, I situate these policies in the broader context of immigration law both nationally and internationally, focusing on key post-9/11 legislation and policies such as Operation Streamline, Operation Liberty Shield, and Title 42, as well as key post-9/11 case law dealing with Latin American women seeking asylum in the United States. With these foundational understandings, I provide possible solutions that would lessen the harms presented to …
Voter Influencing In State Trial Court Judicial Elections In Los Angeles, San Francisco, And Houston, Myanna Dellinger
Voter Influencing In State Trial Court Judicial Elections In Los Angeles, San Francisco, And Houston, Myanna Dellinger
Dissertations and Theses
This dissertation examines select key factors that influence voter choices in state trial court judicial elections in three large, cosmopolitan counties in California and Texas. These include ballot designations (i.e., professional titles of candidates), “evaluations” of candidates by local bar associations, newspaper endorsements, political party affiliation, and gender. Focus here is on ballot designations and local bar association evaluations; the subjective opinions issued by local bar associations as official-sounding, objective and qualitative evaluations. In turn, local bar associations are private, voluntary associations consisting of fee-paying members and not overseeing state bar associations as many laypeople believe. Judicial elections remain low-information, …