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Full-Text Articles in Law

Edward’S New Welsh: The Foundations Of English Colonialism, 1282-1343, Joshua S. Lembke Jun 2024

Edward’S New Welsh: The Foundations Of English Colonialism, 1282-1343, Joshua S. Lembke

University Honors Theses

This thesis, Edward’s New Welsh: The Foundations of English Colonialism, 1282-1343, examines the tumultuous period following the English conquest of the last independent Welsh kingdom, focusing on the English Crown's efforts under King Edward I to integrate Wales administratively and culturally. By reevaluating the appropriation of the Prince of Wales title, the study highlights the creation of a 'New Welsh' identity aligned with English interests. Key legal acts, such as the Statute of Rhuddlan and the establishment of English-style boroughs and castles, are analyzed to reveal the Crown's strategic embedding of English governance and suppression of native Welsh resistance. …


Corporate Environmental Responsibility: Navigating Policy, Impact, And Equity, Tyler Halligan May 2024

Corporate Environmental Responsibility: Navigating Policy, Impact, And Equity, Tyler Halligan

Graduate Student Portfolios, Professional Papers, and Capstone Projects

"Corporate Environmental Responsibility: Navigating Policy, Impact, and Equity" examines the profound influence of corporations on environmental degradation through three pieces.

The first piece, "Understanding Factors Shaping Corporate Environmental and Social Responsibility: Navigating a Path Towards Greater Accountability," explores seven critical areas: legal frameworks, global trade, multilateral development banks, international investment laws and agreements, corporate lobbying, transparency and environmental accountability, and economic growth priorities and negative externalities. It traces these topics from pre-1970s regulatory contexts to contemporary contexts, advocating for stronger regulations and ethical practices to foster accountability and sustainability.

The second piece, "Treatment as a State (TAS) under the Clean …


Authorizing Violence: Spatial Techniques Of Citizenship Politics In Northeast India, Samarth Vachhrajani May 2024

Authorizing Violence: Spatial Techniques Of Citizenship Politics In Northeast India, Samarth Vachhrajani

Masters of Environmental Design Theses

Authorizing Violence: Spatial Techniques of Citizenship Politics in Northeast India studies the spatial and legal instruments through which Hindu Nationalism and its political front, the Bhartiya Janata Party (BJP), operates in Northeast India. I document the means through which authoritarian power has been introduced into a democratic structure of governance. Emphasizing the role of architecture and spatial knowledge, I attend to how the violence of disenfranchisement and dispossession is legitimized under the force of law.

For this, Chapter 1, entitled 'Legislating Containment,' turns to the legal instrument of citizenship and studies the Goalpara detention center and multi-purpose criminal …


Impacting Queer Trans-Migrations In Mexico: A Case Study Of Civil Society Organization Casa Frida Refugio Lgbt+, Leticia Morales May 2024

Impacting Queer Trans-Migrations In Mexico: A Case Study Of Civil Society Organization Casa Frida Refugio Lgbt+, Leticia Morales

Master's Theses

Mexico has historically been known as an emigration or transit country. In this context, civil society organizations have played pivotal roles in addressing the voids in support for migrants. Among these organizations, Casa Frida Refugio LGBT stands out as a significant service provider, specifically for LGBT+ migrants. This study engages in a qualitative case study analysis of the organization Casa Frida, drawing from interviews conducted with nine LGBTQ+ migrants and refugees, personal observations, and Casa Frida’s website and social media accounts. The research seeks to answer two central questions: Firstly, what role does an LGBT+ specific service provider like Casa …


Liberation Chronicles: Reformulating Black Liberation In The Face Of Persistent Oppression, Nia P. Gadson May 2024

Liberation Chronicles: Reformulating Black Liberation In The Face Of Persistent Oppression, Nia P. Gadson

Honors College Theses

Liberation movements for Black people have been prominent throughout American history. Chattel slavery and Jim Crow laws caused centuries of anti-black oppression. They continuously evolved into other anti-black structures – mass incarceration, predatory loan companies, and healthcare inequalities, to name a few – that require us to address these issues still today. The most recent Black liberation movement, Black Lives Matter, experienced a brief uptick in support after George Floyd’s murder but, overall, failed to address these issues. This thesis outlines three approaches to Black liberation in the U.S. to determine the most effective. First, drawing on Frederick Douglass’ autobiographies, …


Whiteness As Contract In The Racial Superstate, Marissa Jackson Sow May 2024

Whiteness As Contract In The Racial Superstate, Marissa Jackson Sow

UC Irvine Law Review

Despite the United Nations’ (UN) ongoing commemoration of the International Decade for People of African Descent and direct calls from UN member states for the body to confront systemic racism in the United States, the United States has with the support of its allies—successfully blocked measures beyond those which gently encourage mere aspiration to racial equity. Moreover, notwithstanding formal guarantees of equal access to justice and accountability for human rights violations, people of African descent and majority Black member states are systematically constructed out of international policymaking authority and legal protections at the UN—leaving them vulnerable to aggression, exploitation, and …


Of Race, Racism And Racially Motivated Offences: A Review Of The Hate Crime And Public Order (Scotland) Act 2021, Olufemi O. Ilesanmi, Danielle Mckandie Apr 2024

Of Race, Racism And Racially Motivated Offences: A Review Of The Hate Crime And Public Order (Scotland) Act 2021, Olufemi O. Ilesanmi, Danielle Mckandie

Class, Race and Corporate Power

A relationship of social and legal significance seems to exist between the prohibition of expressions or manifestations of racism and the society’s preservation of racial diversity. To discourage racial prejudice and thereby protect each race, the state must manage its diversity well by legislating against racist hate offences. In Scotland, for example, the government boldly accepted that hate crimes, including racially motivated offences, are a serious problem requiring closer attention. Through its Hate Crime and Public Order (Scotland) Act 2021, the state resolves to tackle related criminality.

Focusing on the Act, this review examines whether or how race within the …


Federal Indian Law As Method, Matthew L. M. Fletcher Mar 2024

Federal Indian Law As Method, Matthew L. M. Fletcher

Articles

Morton v. Mancari is well-known in Indian law circles as a foundation for the tribal self-determination era, which is generally understood to have begun in the late 1960s and early 1970s. The case involved an Act of Congress that required the federal “Indian Office” (now called the Bureau of Indian Affairs) to grant preference in employment to “Indians.” The case is typically understood as the basis for analyzing how federal statutes that apply exclusively to Indian people do not implicate the anti-discrimination principles of the United States Constitution. This understanding of the case, while correct, is too narrow.


In Citizenship We Trust? The Citizenship Question Need Not Impede Puerto Rican Decolonization, Jimmy Mcdonough Mar 2024

In Citizenship We Trust? The Citizenship Question Need Not Impede Puerto Rican Decolonization, Jimmy Mcdonough

Michigan Law Review

Puerto Rico is an uncomfortable reminder of the democratic deficits within the world’s oldest constitutional democracy. Puerto Ricans are U.S. citizens who live in a U.S. territory that is subject to the plenary authority of Congress, to which they cannot elect voting members. In 2022, under unified Democratic control for the first time in a decade, Congress considered the Puerto Rico Status Act, legislation that would finally decolonize Puerto Rico. The Status Act offered Puerto Rican voters three alternatives to the colonial status quo—statehood, independence, or sovereignty in free association—and committed Congress to implementing whichever alternative won majority support from …


Containerization Of Seafarers In The International Shipping Industry: Contemporary Seamanship, Maritime Social Infrastructures, And Mobility Politics Of Global Logistics, Liang Wu Feb 2024

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, …


Critical Race Religious Literacy: Exposing The Taproot Of Contemporary Evangelical Attacks On Crt, Robert O. Smith, Aja Y. Martinez Jan 2024

Critical Race Religious Literacy: Exposing The Taproot Of Contemporary Evangelical Attacks On Crt, Robert O. Smith, Aja Y. Martinez

Journal of Critical Race and Ethnic Studies

No abstract provided.


Who’S Afraid Of Being Woke? – Critical Theory As Awakening To Erascism And Other Injustices, Berta E. Hernández-Truyol Jan 2024

Who’S Afraid Of Being Woke? – Critical Theory As Awakening To Erascism And Other Injustices, Berta E. Hernández-Truyol

Journal of Critical Race and Ethnic Studies

No abstract provided.


The Past As A Colonialist Resource, Deepa Das Acevedo Jan 2024

The Past As A Colonialist Resource, Deepa Das Acevedo

Faculty Articles

Originalism’s critics have failed to block its rise. For many jurists and legal scholars, the question is no longer whether to espouse originalism but how to espouse it. This Article argues that critics have ceded too much ground by focusing on discrediting originalism as either bad history or shoddy linguistics. To disrupt the cycle of endless “methodological” refinements and effectively address originalism’s continued popularity, critics must do two things: identify a better disciplinary analogue for originalist interpretation and advance an argument that moves beyond methods.

Anthropology can assist with both tasks. Both anthropological analysis and originalist interpretation are premised on …


Does The Constitution Follow The Flag? The Paradox Of Puerto Rican Identity And Citizenship, Laura Somoza Velez Jan 2024

Does The Constitution Follow The Flag? The Paradox Of Puerto Rican Identity And Citizenship, Laura Somoza Velez

CMC Senior Theses

How do identity and citizenship interact? Puerto Rico’s current political status is that of an unincorporated, organized territory of the United States, under the shiny title of ‘Commonwealth.’ Although they have US Citizenship, Puerto Rican residents aren’t protected by the US Constitution. This source of dual identification, American and Puerto Rican, creates a unique circumstance where questions of identity, and belonging naturally arise. In this thesis, I aim to answer how the citizenship condition created in Puerto Rico and how it is experienced measure up to current debates and scholarship surrounding citizenship. Achieved through a historical analysis of the formation …


Pathways For Recognition: Indigenous Land Rights In Panamá, Caruna Gillespie, William Ascher Jan 2024

Pathways For Recognition: Indigenous Land Rights In Panamá, Caruna Gillespie, William Ascher

CMC Senior Theses

Indigenous communities in Panamá face the same challenge that many Indigenous communities experience around the globe: a lack of recognition of their land rights. Over the last several decades, the Panamanian government has developed policies and ratified international agreements that recognize Indigenous rights. The comarcas that institutionalize these rights have had some success. However, despite a seemingly progressive framework for recognition, Indigenous communities across the country continuously have their rights violated by conservation projects and resource extraction efforts in the name of economic development. The Panamanian government crafts recognition policies using loopholes, exceptions, and ambiguous language that allow for them …


Looted Cultural Objects, Elena Baylis Jan 2024

Looted Cultural Objects, Elena Baylis

Articles

In the United States, Europe, and elsewhere, museums are in possession of cultural objects that were unethically taken from their countries and communities of origin under the auspices of colonialism. For many years, the art world considered such holdings unexceptional. Now, a longstanding movement to decolonize museums is gaining momentum, and some museums are reconsidering their collections. Presently, whether to return such looted foreign cultural objects is typically a voluntary choice for individual museums to make, not a legal obligation. Modern treaties and statutes protecting cultural property apply only prospectively, to items stolen or illegally exported after their effective dates. …


Housing Equity In Golden Gate Village, Nicole White Jan 2024

Housing Equity In Golden Gate Village, Nicole White

Social Justice | Senior Theses

For generations, the African American community has faced many forms of housing discrimination that have created major inequalities in their everyday lived experiences (Lockwood, 2020). This study explores the long-lasting effects of discriminatory housing policies in creating disparate housing conditions within the public housing community in Marin City called Golden Gate Village, as well as the role of the Marin Housing Authority in practices of displacement and neglect. The methodology for the study included seven different interviews with Golden Gate Village residents to obtain knowledge about the community as well as grasp an understanding of the lived experiences of the …


Black Girls Youth Participatory Action Research & Pedagogies, Kimberlé W. Crenshaw, Venus E. Evans-Winters Jan 2024

Black Girls Youth Participatory Action Research & Pedagogies, Kimberlé W. Crenshaw, Venus E. Evans-Winters

Faculty Scholarship

More than a decade ago, as a group of anti-racist and feminist researchers, including one of the authors, set out to survey the landscape of the schooling experiences of Black girls, we encountered a pronounced knowledge desert that threatened research-informed policy interventions that served to protect Black girls. Most research at the time focused on the educational experiences of male, female, or Black students. There was hardly any readily available data on the school-based outcomes of Black girls as a specific group of students with a unique set of experiences. In Black Girls Matter: Pushed Out, Overpoliced, & Underprotected (Crenshaw, …


Community Resilience And Creating Capacities For Risk Reduction In First Nations Communities, Case Study In Minegoziibe Anishinabe (Pine Creek First Nation), Brittany S. Lavallee Dec 2023

Community Resilience And Creating Capacities For Risk Reduction In First Nations Communities, Case Study In Minegoziibe Anishinabe (Pine Creek First Nation), Brittany S. Lavallee

Capstone Collection

The colonization of Indigenous peoples in Canada has serious consequences on First Nations, including forced removal and displacement from their ancestral lands, environmental degradation, declining resources and capacities, and human rights violations. First Nations communities are currently facing the amplified effects of human-driven climate change. Sustainability of the environment is not just a concept, but a practiced way of life, that recognizes the interdependence of all living things. This deep respect for Aki (earth) is at the foundation of First Nations cultures and continues to guide their actions to insure better futures for Seven Generations. The community of Minegoziibe Anishinabe …


The Graveyard Of Empires, Sadaf Folad Dec 2023

The Graveyard Of Empires, Sadaf Folad

Belmont University Research Symposium (BURS)

No abstract provided.


Ordeals Of Returnee Bangladeshi Migrant Women Domestic Workers, Md. Mahamudul Haque Dec 2023

Ordeals Of Returnee Bangladeshi Migrant Women Domestic Workers, Md. Mahamudul Haque

Future Journal of Social Science

This article explores the ordeals of returnee female domestic migrant workers of Bangladesh to find out ways help formulate policies by the government. A study has been conducted based on primary and secondary sources. It finds that all types of tortures, including physical, sexual, setting them on afire, forcibly cutting their hair, and hit and falls from rooftop, has to be faced by the women migrant workers. The Bangladeshi female migrant workers have to work for 16-18 hours in a day. They are made untimely repatriation to Bangladesh without pay blaming them for theft or such other false allegations. This …


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 Dec 2023

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 …


The Role Of Leaders In Implementing Effective Leadership Strategies Towards The Educational Barriers Of Us-Based Refugee Students: A Qualitative Case Study Of Congolese Refugee Students, Faustin Busane Dec 2023

The Role Of Leaders In Implementing Effective Leadership Strategies Towards The Educational Barriers Of Us-Based Refugee Students: A Qualitative Case Study Of Congolese Refugee Students, Faustin Busane

Masters Theses & Specialist Projects

This qualitative research study explored the experiences of three families of refugee school students, two school officials (a Superintendent and a Principal), three teachers, and one humanitarian agent all living in a Southeastern U.S. city. The results of the study revealed that the language barrier is the main academic challenge that refugee students encounter when they enroll in U.S. schools. The study also found that educators conceptualize their responsibilities toward refugee children by emphasizing the importance of high-quality teaching, and establishing through establishing strong relationships between parents, school officials, and exercising patience in the process. This study poses important implications …


Megaproyectos Y Su Impacto En Derechos Humanos En Una Comunidad De Origen Maya: Yaxhá, Yucatán, México., Gonzalo Manuel Herrera Canché Nov 2023

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 Oct 2023

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 …


Making Your Spring Break Sustainable: Can Tourism Be A Driver For Positive Environmental Change?, Katherine Ort Oct 2023

Making Your Spring Break Sustainable: Can Tourism Be A Driver For Positive Environmental Change?, Katherine Ort

Journal of Maya Heritage

The Riviera Maya has undergone rapid development in the last few decades due to increased demand for tourism, putting pressure on surrounding ecosystems and cultural sites. As demand for tourism shows no signs of decreasing, there is an ever-increasing need for effective management solutions. The town of Puerto Morelos is striving to forward sustainable tourism based on its natural and cultural assets. As a new municipality, it has the chance to shape policy from a relatively blank canvas. This study involved collecting data about the different perspectives of key stakeholders through qualitative interviews and surveys to understand if the views …


Addressing Barriers To Diversity, Equity, And Inclusion In Massachusetts Community Mediation, Madhawa Palihapitiya, Jarling Ho, Shino Yokotsuka, Karina Zeferino Aug 2023

Addressing Barriers To Diversity, Equity, And Inclusion In Massachusetts Community Mediation, Madhawa Palihapitiya, Jarling Ho, Shino Yokotsuka, Karina Zeferino

Massachusetts Office of Public Collaboration Publications

This report presents over three years of systematically engaging, documenting and analyzing the diversity, equity and inclusion (DEI) needs/gaps and assets of state funded community mediation centers in Massachusetts. The report was compiled by researchers and an in-house DEI expert at the statutory state office of dispute resolution, the Massachusetts Office of Public Collaboration (MOPC) at the University of Massachusetts Boston. The office has been serving as a neutral forum and state-level resource for over 30 years.

The report is based on qualitative research that falls into the category of community based participatory research conducted through a series of community …


Habeas At Home And Heart: Progressive Era Cases Of Spousal Confinement To Nebraska's Psychiatric Households, Isabelle Childs Aug 2023

Habeas At Home And Heart: Progressive Era Cases Of Spousal Confinement To Nebraska's Psychiatric Households, Isabelle Childs

Digital Legal Research Lab

No abstract provided.


Book Review: Kumar, Ashwani. (Ed.). (2022). Engaging With Meditative Inquiry In Teaching, Learning, And Research: Realizing Transformative Potentials In Diverse Contexts. New York, Ny: Routledge., Giovanni Rossini Phd Jun 2023

Book Review: Kumar, Ashwani. (Ed.). (2022). Engaging With Meditative Inquiry In Teaching, Learning, And Research: Realizing Transformative Potentials In Diverse Contexts. New York, Ny: Routledge., Giovanni Rossini Phd

Journal of Contemplative and Holistic Education

Book Review of following text:

Kumar, Ashwani. (Ed.). (2022). Engaging with Meditative Inquiry in Teaching, Learning, and Research: Realizing Transformative Potentials in Diverse Contexts. New York, NY: Routledge.


The Fall And Rise Of Bengali Muslim Conciousness: Conceptualising The Identity Of The Bangla Universal, Habib Khan Jun 2023

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 …