Law Commons^™

Authoritarian Member States In International Organizations, Matt Barg

Master's Theses

This thesis investigates under which conditions do authoritarian Member States exist in International Organizations that require democratic governance in their treaty law. The European Union is used as a case study along with two of its Member States that are in the process of transitioning to democracy from previous authoritarian regimes—Hungary and Romania. This thesis employs stealth authoritarian theory to analyze how a democratizing Member State may violate these laws and revert to authoritarian governance. It also critiques international enforcement mechanisms to consider their effectiveness to enforce their laws and norms as well as prevent an authoritarian reversal. Finally, cultural …

Evolution Of A Nation After A Dictatorship: How Law, Politics And Society Of The 1973 Dictatorship In Uruguay And Of The Subsequent Return Of Democracy In 1985, Potentially Helped Evolve The Nation Of Today., Jonathan A. Fein Proaño

Master's Theses

In 1973, Uruguay’s president authored a coup d’état with the military and changed the history and fabric of Uruguay. Once democracy returned to Uruguay in 1985, it was a chance to see if an evolution of the law, politics and society would occur. This thesis aims to analyze and understand the patterns of change and de-evolution or evolution that happened during the dictatorship and then over the last 30 years. I break down the process of changes that happened legally and politically, how the dictatorship and its leaders used law to destroy rule of law, and how society changed.

This …

The Role Of The State, Multinational Oil Companies, International Law & The International Community: Intersection Of Human Rights & Environmental Degradation Climate Change In The 21st Century Caused By Traditional Extractive Practices, The Amazon Rainforest, Indigenous People And Universal Jurisdiction To Resolve The Accountability Issue, Marcela Cabrera Luna

Master's Theses

Local, national and international conventions that protect indigenous sovereignty and their territories, where many of the resources are extracted from by multinational corporations (MNCs) particularly oil, the number one commodity of the world and cause of climate change, continue to be jeopardized because of the lack of a clear international legal framework that can protect them and potentially hold multinationals accountable for their actions. These practices are causing not only environmental issues to the indigenous and surrounding communities, but climate change is in fact, the real human rights issue of the 21^st century and it affects everyone. By using …

Incentives To Incarcerate: Corporation Involvement In Prison Labor And The Privatization Of The Prison System, Alythea S. Morrell

Master's Projects and Capstones

The United States has the highest incarceration rate in the entire world. The United States accounts for approximately 5% of the world’s population, yet it accounts for 25% of the world’s prisoners. Not only does the United States mercilessly incarcerate its own citizens, it disproportionately incarcerates African American and Latino men. This fact on its own is disturbing; however, when it is coupled with the fact that corporations profit from and lobby for an overly aggressive and ineffective criminal justice system, makes these statistics even more horrendous. Private prison companies such as Corrections Corporation of America and GEO Group admit …

Ecodistricts In San Francisco: The Implementation Of Neighborhood Regional Planning And Its Potential Effects On Environmental Resilience, Elizabeth M. Juvera

Master's Projects and Capstones

Ecodistricts, or neighborhood-scale, community-driven areas of sustainable development, have emerged internationally and within the U.S. to create models of adaptive environmental design and advanced urban infrastructure. Central SoMa is the first ecodistrict to be planned and implemented in San Francisco, with the intention of revitalizing and greening this urbanized region of the city. At this time, the Central SoMa area has very low biodiversity levels, inefficient infrastructure, and poor water management capabilities. Through the implementation of ecodistricts in San Francisco, the city can integrate physical and behavioral sustainability measures from existing ecodistricts such as permeable surfaces, green roofs, stormwater management, …

Aiding And Abetting: The Illegality Of Morocco's Nationalist Expansion Into Western Sahara And Their Support From The United States, Rachid H. Yousfi

Master's Theses

This paper will address the illegality of Morocco’s nationalist annexation of Western Sahara and how the United States plays the accommodating role through the selling of arms, economic aid, and diplomatic support. Considered as Africa’s last colony, the Saharawi people have not experienced the basic human right to self-determination and the right for independence. These rights are continued to be withheld for the sake of Moroccan nationalism and their “rightful and ethnic” claims to the territory, disregarding the International Court of Justice (ICJ)’s advisory opinion ruling in favor of Saharawi self-determination. It explores the chronology of the Saharawi population from …

Leadership And Communication As Opportunities For Growth: Refining Discipline With Cross Cultural Relationships Beyond The Classroom, Sabrina D. Sanchez

Master's Projects and Capstones

Overt disciplinary tactics disproportionately affect scholars of color. This field project aims to shed light on discipline policies across a variety of learning environments and provide scholars of color with the opportunity to self-advocate. I utilize a culturally relevant pedagogy in my framework component to stress the need for reciprocal relationships based on dignity and mutual respect. I provide effective alternative strategies, framed by culturally relevant pedagogy (CRP) and Gregory and Mosely’s theory of culturally relevant discipline (CRD), for addressing misconduct that emphasize stronger communication and greater leadership opportunities. My project consists of three parts: a modified communications policy in …

The Plight Of Kenyan Domestic Workers In Gulf Countries, Caroline Muthoni Gikuru

Master's Theses

Kenya’s economy remains the regional leader within the East African Community (EAC) and among East African countries at large. However, political instability such as the 2007 post-election violence and the region’s social and political instability trickling into Kenya, have negatively affected the country’s economic growth. To bridge the economic gap, Kenyan women are seeking employment in the domestic service sector in the Gulf Countries, with Saudi Arabia being the most popular destination. At their destination countries, some domestic workers are subjected to various forms of abuse by their employers, leaving the worker without recourse due to the lack of legal …

Empowering Women Through Recognition Of Rights To Land: Mechanisms To Strengthen Women's Rights In Vanuatu, Vijaya Nagarajan, Therese Macdermott

Theology & Religious Studies

Although the pluralist system of land tenure in Vanuatu does not directly discriminate against women, the operation of the system and contemporary interpretations of custom are increasingly marginalizing women from decision-making processes regarding land management and control. Commitment to the principles of gender equality through constitutional guarantees and the ratification of relevant international treaty obligations, while providing an appropriate legal framework for equality, have only had limited success in addressing discriminatory practices. This article analyzes alternative ways to overcome the barriers faced by women that are currently under consideration in many Pacific Island countries, including recording and registration, as well …

A Case Study: Achieving Cultural Equity Through The Lens Of Kingdon, Maria X. Martinez

McCarthy Center Student Scholarship

No abstract provided.

Why Eu Work-Family Reconciliation Policies Fail In Italy: A Feminist Legal Analysis, Chrystal Orozco

Master's Theses

Following the establishment of the European Parental Leave Directive (96/34/EC), the female employment rate in Italy is still ranked the third lowest in the European Union (EU) and Italian women continue to do twice as much household work as Italian men. Parents, especially women, struggle to find a balance between professional work and their family lives in a society that encourages the traditional gendered roles of the housewife and the breadwinner. The following study is a theoretical analysis of the Parental Leave Directive and the potential domestic influences that may prevent Italy from progressing socially towards gender equality. This study …

Arizona’S Senate Bill 1070: A Case Study On State-Sponsored Immigration Policy, Ryan Murphy

Master's Theses

This study assesses the origins of Arizona’s state-sponsored immigration policy. It attempts to identify the social dynamics within Arizona that contributed to the overwhelming public support for SB 1070. Since it has been two years after the law was passed, this analysis determines what impact the law has had thus far within the state. Finally, it postulates the future of Arizona’s immigration policy.

Re-Evaluating Peacebuilding In The Democratic Republic Of Congo: A Case Study In Dongo, Wilita Sanguma

Master's Theses

Re-evaluating Peacebuilding in the Democratic Republic of Congo: A case study in Dongo

The Democratic Republic of Congo (Congo) is a country rich with natural resources centered in the heart of Africa. Since the colonial era, the country has seen more bloodshed than peace and development. From 1996 to 2003, Congo experienced the worst conflict since World War II, with over six million people dead. Despite having the largest United Nations peacekeeping troops present; Congo continues to be plagued by violence. This research thesis argues that the international community failed to promote a lasting peace in Congo because the international …

Forecasts For A Fairer Future, Wanjiru Kamau-Rutenberg

Politics

A system delivering weather details via short message service (SMS) to farmers in Kenya makes use of traditional and modern forecasting methods, alerting them to periods of heavy rain or drought. The IGAD Climate Prediction and Applications Centre (ICPAC), a climate research institute representing seven east African countries, is working on a system using cell phones to help farmers address the negative impacts of climate change. The new system makes use of the Nganyi's traditional forecasting techniques combined with data from the Kenya Meteorological Department (KMD). KMD staff compile the resulting information and enter it into a database. The information …

From 1994 To 2011: Are San Francisco Commissions More Representative?, Maria X. Martinez, Esin Nacar, Aimee Nichols

McCarthy Center Student Scholarship

No abstract provided.

India In 2010: Robust Economics Amid Political Stasis, Shalendra Sharma

Politics

The Congress Party, although in a strong position to improve matters in 2010, generally proved disappointing, especially in the realm of governance and public policy. However, Indian authorities did demonstrate the ability to manage the economy well in a challenging international economic climate. President Obama’s three-day trip helped to reinvigorate bilateral ties, but India’s relations with China and Pakistan remained testy.

India In 2009: Global Financial Crisis And Congress Revival, Shalendra Sharma

Politics

The past year was a momentous one for India. The country navigated through the shoals of an unprecedented global financial crisis with only modest negative impact, and successfully continued the world’s largest exercise in democracy. The 15th general election in April-May 2009 saw the venerable Congress Party return to power with a large mandate. On the external front, although ties between India and the Obama administration have been friendly, real concerns remain about the future trajectory of Indo-U.S. relations. Relations with Pakistan and China also remain testy.

Inconsistent Ethical Models: Abortion Opposition Ignores Foster Care, Michael Katz

Michael Katz

Not all pro-life movements are equivalent. Some states are pushing harder to ban abortion than others. These states are focal points for the pro-life movement, and are therefore most telling as to the ethics of the movement as a whole. To gauge the ethical basis for pro-life legislation, this paper takes a closer look at the nine states that form the locus of the country’s pro-life movement. Possible ethical models are posited as foundations for state legislation opposing abortion, and then used as the analytical basis to test the ethical consistency of the pro-life movement. Specifically, this paper considers whether …

Governance: The Collision Of Politics And Cooperation, Richard Callahan

Public and Nonprofit Administration

Three newly created public agencies built regional rail projects in Los Angeles County from 1978 through 2002. The Los Angeles County Transportation Commission, the Los Angeles Metropolitan Transportation Authority, and the Alameda Corridor Transportation Authority, as newly created public agencies, were nothing less than experiments in regional governance. Conventional understanding of these agencies only partially explains their successes and failures. A path to improved understanding is to combine research on the politics of designing new public agencies with research on cooperation in dealing with collective action problems.

What emerges is an untold story of American politics: the evolution of mechanisms …

Resolving Sovereign Debt: Collective Action Clauses Or The Sovereign Debt Restructuring Mechanism, Shalendra Sharma

Politics

When sovereign debt restructuring or debt reduction becomes unavoidable, what is the appropriate regime that can provide for an orderly restructuring, while at the same time protecting the rights of both creditors and the debtor? The recent wave of sovereign default has underscored the limits of the current market-based regime. Recently two alternative approaches propose a "contractual approach" by way of the introduction of collective action clauses (CAC) in bond contracts, and a "statutory approach" put forward by the International Monetary Fund (IMF), which calls for the establishment of an international debt restructuring mechanism (called the sovereign debt restructuring mechanism …

Sovereign Limits And Regional Opportunities For Global Civil Society In Latin America, Elisabeth Jay Friedman, Kathryn Hochstetler, Ann Marie Clark

Politics

In this article, we evaluate whether Latin American participation in international arenas reinforces traditional divides between state and society in global politics or transforms state-society relations in ways compatible with the concept of global civil society. We examine the participation and interaction of Latin American nongovernmental organizations and states at three recent United Nations conferences: the 1992 UN Conference on Environment and Development, the 1993 World Conference on Human Rights, and the 1995 Fourth World Conference on Women. We conclude that Latin Americans are full participants in any emerging global civil society. Their experiences at the 1990s issue conferences closely …

Constructing The New International Financial Architecture: What Role For The Imf?, Shalendra Sharma

Politics

No abstract provided.

Paradoxes Of Gendered Political Opportunity In The Venezuelan Transition To Democracy, Elisabeth Jay Friedman

Politics

No abstract provided.

Markets And States In Development: India's Reformers And The East Asian Experience, Shalendra Sharma

Politics

No abstract provided.

"If He Speaks Italian It's Better": Metapragmatics In Court, Marco Jacquemet

Communication Studies

No abstract provided.