Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Pittsburgh School of Law (111)
- Selected Works (43)
- SIT Graduate Institute/SIT Study Abroad (37)
- Cleveland State University (35)
- SelectedWorks (35)
-
- University of Central Florida (33)
- University of Pennsylvania Carey Law School (20)
- City University of New York (CUNY) (15)
- Loyola Marymount University and Loyola Law School (13)
- University of Colorado Law School (12)
- University of South Florida (7)
- Claremont Colleges (6)
- American University in Cairo (5)
- Cornell University Law School (4)
- Bard College (3)
- Central Washington University (3)
- Emory University School of Law (3)
- Maurer School of Law: Indiana University (3)
- University of Arkansas, Fayetteville (3)
- University of Dayton (3)
- University of Kentucky (3)
- Western University (3)
- Embry-Riddle Aeronautical University (2)
- Liberty University (2)
- Nova Southeastern University (2)
- Rhode Island School of Design (2)
- The University of San Francisco (2)
- Trinity College (2)
- University at Buffalo School of Law (2)
- University of Denver (2)
- Keyword
-
- Copyright (18)
- Human rights (16)
- Intellectual property (14)
- Race (14)
- Discrimination (12)
-
- Acton Institute Argentina (11)
- International law (10)
- Governance (9)
- Legal education (9)
- Title IX (9)
- Civil rights (8)
- Commons (8)
- Law (8)
- Migration (8)
- Immigration (7)
- Knowledge (7)
- Racial discrimination (7)
- Education (6)
- Ethnography (6)
- Fair use (6)
- Gender (6)
- Information (6)
- Institutions and Free Market (6)
- Intellectual Property (6)
- Islam (6)
- Jurisprudence (6)
- LatCrit (6)
- Law and Society (6)
- Natural Law (6)
- Patent (6)
- Publication Year
- Publication
-
- Articles (100)
- Cultural Encounters, Conflicts, and Resolutions (34)
- Independent Study Project (ISP) Collection (34)
- Dr. C. Keith Harrison (25)
- EGS Content (24)
-
- Mario Šilar (24)
- All Faculty Scholarship (20)
- Monsoon: South Asian Studies Association Journal (12)
- Book Chapters (10)
- Publications and Research (8)
- Dissertations, Theses, and Capstone Projects (7)
- Natural Resource Development in Indian Country (Summer Conference, June 8-10) (6)
- Theses and Dissertations (6)
- Free, Prior and Informed Consent: Pathways for a New Millennium (November 1) (5)
- USF Tampa Graduate Theses and Dissertations (5)
- Annelise Riles (4)
- Cornell Law Faculty Publications (4)
- Siegfried Van Duffel (4)
- All Master's Theses (3)
- Anna Ochoa OLeary (3)
- Capstone Collection (3)
- Charles H.F. Davis III (3)
- Faculty Articles (3)
- Ahmed E SOUAIAIA (2)
- Articles by Maurer Faculty (2)
- Biennial Conference: The Social Practice of Human Rights (2)
- CMC Senior Theses (2)
- Dignity: A Journal of Analysis of Exploitation and Violence (2)
- Donald J. Kochan (2)
- Genocide Studies and Prevention: An International Journal (2)
- Publication Type
Articles 181 - 210 of 454
Full-Text Articles in Law
Neighborhood Perceptions Of Proximal Industries In Progress Village, Fl, Laura E. Baum
Neighborhood Perceptions Of Proximal Industries In Progress Village, Fl, Laura E. Baum
USF Tampa Graduate Theses and Dissertations
Progress Village, a historically Black neighborhood outside of Tampa, FL, encountered structural violence that included construction of an adjacent phosphogypsum stack. Why the neighborhood signed a legal agreement with the stack’s operating industry and the impacts of this decision provides a lesson in critical environmental justice. Theories of urban political ecology frame exploration of resident priorities, relationships with industry, risk perceptions, and health concerns. Utilizing activist anthropology, this thesis aims to be mutually beneficial to scholarly and neighborhood development. Ultimately, this research demonstrates how southern gradualism, racism, and a trend towards isolationism created today’s striving, yet marginalized and divided community. …
The Autonomy Of Chinese Migrants Despite Structural And Social Determinants, Helen Yu
The Autonomy Of Chinese Migrants Despite Structural And Social Determinants, Helen Yu
Independent Study Project (ISP) Collection
China is currently undergoing one of the largest domestic migration movements in its history, as hundreds of millions of its citizens move out of their countryside homes into urban areas to seek work in the wake of the nation’s rapid globalization. This paper examines the lives of these migrants – how much agency they have over their decisions and their destinies while simultaneously subject to overarching controls set onto them by economic circumstance, government laws, and cultural traditions. It explores how they subvert tradition and former government policies by leaving home, and how they respond when confronted with discrimination in …
Hanoians’ Experience: Suspending Moral Bias To Recognize Human Dimensions Of War, Maggie Norsworthy
Hanoians’ Experience: Suspending Moral Bias To Recognize Human Dimensions Of War, Maggie Norsworthy
Independent Study Project (ISP) Collection
Talking about, and learning lessons from The American War in Vietnam can be a process whose genuine engagement requires a suspension—even if temporary—of moral and cultural biases that are embedded in the Western mindset. This research project is one that composes military strategy, government rhetoric, and very human accounts of war in Vietnam in order to understand how people in Hanoi experience and talk about war, with an ultimate aim of making some of these stories and lessons digestible to a Western audience.
My findings discuss some key components of the North Vietnamese mindset towards the American War in Vietnam: …
United In Diversity? The Political Implications Of Intra- Eu Migration, Isabel Monteleone
United In Diversity? The Political Implications Of Intra- Eu Migration, Isabel Monteleone
Senior Theses and Projects
Intra-EU migration is a phenomenon innate to the structure of the European Union. A politico-economic union of twenty-eight countries, the EU does what no other alliance of countries has endeavored before, serving as a unique product of globalization and integration, in every sense of the word. Bound almost entirely by a common currency, the European Union is established in the belief that economic cooperation in Europe can be achieved through the principle of free movement, despite each member states’ individual way of life, language, and political, religious, and cultural ideology.
Since intra-EU migration allows for the possibility of EU integration …
Antitrust And Information Technologies, Herbert J. Hovenkamp
Antitrust And Information Technologies, Herbert J. Hovenkamp
All Faculty Scholarship
Technological change strongly affects the use of information to facilitate anticompetitive practices. The effects result mainly from digitization and the many products and processes that it enables. These technologies of information also account for a significant portion of the difficulties that antitrust law encounters when its addresses intellectual property rights. In addition, changes in the technologies of information affect the structures of certain products, in the process either increasing or decreasing the potential for competitive harm.
For example, digital technology affects the way firms exercise market power, but it also imposes serious measurement difficulties. The digital revolution has occurred in …
Through The Gateway: Marijuana Production, Governance, And The Drug War Détente, Michael Polson
Through The Gateway: Marijuana Production, Governance, And The Drug War Détente, Michael Polson
Dissertations, Theses, and Capstone Projects
Since the 1996 voter approval of medical marijuana laws in California, marijuana policy has become increasingly liberalized. Producers, however, have remained in the greyest of grey market zones. Federal anti-drug laws and supply-side tactics have intensively targeted them even as marijuana has become more licit. In this legally unstable environment, marijuana patient-cultivators and underground producers have articulated and asserted themselves politically and economically, particularly as the likelihood of full legalization has increased. This dissertation explores how producers navigated the nebulous zone between underground and medical markets. I argue that even as producers supplied marijuana to a formalizing, regulated medical industry …
South African Marriage In Policy And Practice: A Dynamic Story, Michael W. Yarbrough
South African Marriage In Policy And Practice: A Dynamic Story, Michael W. Yarbrough
Publications and Research
Law forms one of the major structural contexts within which family lives play out, yet the precise dynamics connecting these two foundational institutions are still poorly understood. This article attempts to help bridge this gap by applying sociolegal concepts to empirical findings about state law's role in family, and especially in marriage, drawn from across several decades and disciplines of South Africanist scholarly research. I sketch the broad outlines of a nuanced theoretical approach for analysing the law-family relationship, which insists that the relationship entails a contingent and dynamic interplay between relatively powerful regulating institutions and relatively powerless regulated populations. …
Keeping It Real: Why Congress Must Act To Restore Pell Grant Funding For Prisoners, Spearit
Keeping It Real: Why Congress Must Act To Restore Pell Grant Funding For Prisoners, Spearit
Articles
In 1994, Congress passed the Violent Crime Control and Law Enforcement Act (VCCLEA), a provision of which revoked Pell Grant funding “to any individual who is incarcerated in any federal or state penal institution.” This essay highlights the counter-productive effects this particular provision has on penological goals. The essay suggests Congress acknowledge the failures of the ban on Pell Grant funding for prisoners, and restore such funding for all qualified prisoners.
Afterword: Kindling The Programmatic Production Of Critical And Outsider Legal Scholarship, 1996-2016, Sarudzayi M. Matambanadzo, Francisco Valdes, Sheila I, Velez Martinez
Afterword: Kindling The Programmatic Production Of Critical And Outsider Legal Scholarship, 1996-2016, Sarudzayi M. Matambanadzo, Francisco Valdes, Sheila I, Velez Martinez
Articles
This afterword to a conference-based symposium represents not only an inter-generational reflection on LatCrit theory @ XX, but also an aspirational reminder of our foundational propositions and values as we look and venture ahead. Beginning with an introduction to the foundational theoretical principles of LatCrit knowledge production - as embodied principally by LatCrit values and the related functions, guidelines, and postulates - we discuss in detail and depth how these theoretical principles underpin the various projects in the LatCrit "portfolio" and provide a historical sketch of the development of these projects as programmatic knowledge production. In particular, we aim …
Reviving Paycheck Fairness: Why And How The Factor-Other-Than-Sex Defense Matters, Deborah L. Brake
Reviving Paycheck Fairness: Why And How The Factor-Other-Than-Sex Defense Matters, Deborah L. Brake
Articles
Ever since the Supreme Court’s short-lived decision in Ledbetter v. Goodyear Tire Company, the equal pay movement has coalesced around the Paycheck Fairness Act as the legal reform strategy for addressing the gender wage gap. The centerpiece of the Act would tighten the Factor Other Than Sex defense (FOTS) to require the employer’s sex-neutral factor to be bona fide, job-related for the position in question, and consistent with business necessity. Even without the Paycheck Fairness Act, some recent lower court decisions have interpreted the existing Equal Pay Act to set limits on the nondiscriminatory factors that can satisfy the …
The Emergence Of Classical American Patent Law, Herbert J. Hovenkamp
The Emergence Of Classical American Patent Law, Herbert J. Hovenkamp
All Faculty Scholarship
One enduring historical debate concerns whether the American Constitution was intended to be "classical" -- referring to a theory of statecraft that maximizes the role of private markets and minimizes the role of government in economic affairs. The most central and powerful proposition of classical constitutionalism is that the government's role in economic development should be minimal. First, private rights in property and contract exist prior to any community needs for development. Second, if a particular project is worthwhile the market itself will make it occur. Third, when the government attempts to induce development politics inevitably distorts the decision making. …
The Unintended Consequences Of The International Women's Movement: Medicalizing Rape In The Democratic Republic Of Congo, Faye N. Forman
The Unintended Consequences Of The International Women's Movement: Medicalizing Rape In The Democratic Republic Of Congo, Faye N. Forman
Senior Projects Spring 2016
The legal advancements made by western feminists from the 1960s continuing today mark a distinct shift for both the women's movement and mainstream radical feminist philosophy. This project examines the unintended consequences of the rise of the international women's movement as American feminists brought the law to bear as the primary instrument for reform to eradicate rape and violence against women. As contemporary political scholars demonstrate, legal remediation further codifies gender inequality and protective tropes that sexualize women's injury. Chapter 2 and 3 examines the intensified feminist efforts to criminalize domestic abuse at an international level, first at the United …
Lessons From The Gender Equality Movement: Using Title Ix To Foster Inclusive Masculinities In Men's Sport, Deborah L. Brake
Lessons From The Gender Equality Movement: Using Title Ix To Foster Inclusive Masculinities In Men's Sport, Deborah L. Brake
Articles
This article was written for a symposium issue in Law & Inequality: A Journal of Theory and Practice on the topic of LGBT inclusion in sports. The symposium, which was held at the University of Minnesota Law School in November of 2015, was precipitated by the controversy that erupted when NFL player Chris Kluwe sued and settled with the Minnesota Vikings for allegedly firing him over his outspoken support for marriage equality. The article situates the Chris Kluwe controversy in the broader context of masculinity in men’s sports. At a time when support for LGBT rights has resulted in striking …
The Trouble With 'Bureaucracy', Deborah L. Brake
The Trouble With 'Bureaucracy', Deborah L. Brake
Articles
Despite heightened public concern about the prevalence of sexual assault in higher education and the stepped-up efforts of the federal government to address it, new stories from survivors of sexual coercion and rape, followed by institutional betrayal, continue to emerge with alarming frequency. More recently, stories of men found responsible and harshly punished for such conduct in sketchy campus procedures have trickled into the public dialogue, forming a counter-narrative in the increasingly polarized debate over what to do about sexual assault on college campuses. Into this frayed dialogue, Jeannie Suk and Jacob Gersen have contributed a provocative new article criticizing …
The Digital Dionysus: Nietzsche & The Network-Centric Condition
The Digital Dionysus: Nietzsche & The Network-Centric Condition
Dan Mellamphy
No abstract provided.
Incumbent Landscapes, Disruptive Uses: Perspectives On Marijuana-Related Land Use Control, Donald J. Kochan
Incumbent Landscapes, Disruptive Uses: Perspectives On Marijuana-Related Land Use Control, Donald J. Kochan
Donald J. Kochan
The Progressives: Economics, Science, And Race, Herbert J. Hovenkamp
The Progressives: Economics, Science, And Race, Herbert J. Hovenkamp
All Faculty Scholarship
This essay is a brief review of Thomas C. Leonard, Illiberal Reformers: Race, Eugenics, and American Economics in the Progressive Era (Princeton Univ. Press 2016).
Los Problemas De Las Fronteras Humanitarias, Miriam Ticktin
Los Problemas De Las Fronteras Humanitarias, Miriam Ticktin
Publications and Research
Resumen:
Este texto plantea un análisis crítico del papel de los discursos y prácticas humanitaristas en nuestra concepción de la migración y en las políticas públicas desarrolladas en relación a la movilidad poblacional a través de las fronteras internacionales. Se parte de la premisa de que el humanitarismo, aunque fuera bien intencionado, puede tener efectos perniciosos sobre la situación que se vive en las fronteras, especialmente si acaba por sustituir a la justicia y a los derechos que tienen los emigrantes. Para estudiar esta paradoja, el texto analiza, sucesivamente, varios problemas asociados a la acción humanitaria: el problema con la …
Introduction: Foreign Films And Higher Education, Heba A.N. El Attar Ph.D.
Introduction: Foreign Films And Higher Education, Heba A.N. El Attar Ph.D.
Cultural Encounters, Conflicts, and Resolutions
No abstract provided.
Teaching About The Muxes In The United States: Cultural Construct Gender Identity, And Transgression In The 21st Century, Nohora V. Cardona Núñez Ph.D.
Teaching About The Muxes In The United States: Cultural Construct Gender Identity, And Transgression In The 21st Century, Nohora V. Cardona Núñez Ph.D.
Cultural Encounters, Conflicts, and Resolutions
This study focuses on the manner in which gender identities challenge heteronormativity and are understood as a way to interpret the sexed body through culture in the documentary Muxes: auténticas, intrépidas, buscadoras del peligro (2005), directed by Mexican filmmaker Alejandra Islas Caro. In the context of a Gender Issues in Latin America course taught in a North American university, we explored how certain theories by thinkers such as Simone de Beauvoir, Pierre Bourdieu, and Judith Butler, among others, contend that sexual preference, gender orientation, and sexuality, can be built as a cultural constructs, contrary to popular beliefs on the subject. …
Approaches To Teaching Latin American Culture Through Film: Children’S Plight In Poverty- And Violence-Ridden Countries, Delia V. Galvan Ph.D.
Approaches To Teaching Latin American Culture Through Film: Children’S Plight In Poverty- And Violence-Ridden Countries, Delia V. Galvan Ph.D.
Cultural Encounters, Conflicts, and Resolutions
Students at the beginning levels of foreign language study have many borders to cross and many challenges to negotiate. This paper reports the results of a preliminary study involving the use of full-length films to engender intercultural sensitivity and understanding among two groups of first-year students of Spanish. Both films depict hardships of children in Spanish-speaking countries—as a result of conscription or as a result of child labor. The paper discusses the contextualization of the films for the students, the students’ responses to questionnaires, portions of classroom discussion that indicate growth in the areas of focus, and implications of the …
Note On Special Issue, Antonio Medina-Rivera Ph.D., Lee F. Wilberschied Ph.D., Heba A.N. El Attar Ph.D.
Note On Special Issue, Antonio Medina-Rivera Ph.D., Lee F. Wilberschied Ph.D., Heba A.N. El Attar Ph.D.
Cultural Encounters, Conflicts, and Resolutions
No abstract provided.
Intercultural Communicative Competence: Literature Review, Lee F. Wilberschied Ph.D.
Intercultural Communicative Competence: Literature Review, Lee F. Wilberschied Ph.D.
Cultural Encounters, Conflicts, and Resolutions
Intercultural Communicative Competence (ICC) is a cluster of capabilities that will become even more essential, not only to negotiate borders of many dimensions as globalization proceeds, but also to enhance the ability to maneuver one’s way in a world that changes by the minute. The process of developing ICC prepares the learner to manage and appreciate border crossings on many levels. This brief review of the literature offers a summary of the components of ICC, how it is similar to and different from other competences, and recommendations on how to assess it. This overview may be helpful when considering the …
El Paseo By Harold Trompetero: Approaching Popular Film From Colombia In A North American Classroom, Matias Martinez Abeijon Ph.D.
El Paseo By Harold Trompetero: Approaching Popular Film From Colombia In A North American Classroom, Matias Martinez Abeijon Ph.D.
Cultural Encounters, Conflicts, and Resolutions
This article explores the manner in which popular films from Colombia—
specifically comedies, such as the movie El paseo, directed by Harold Trompetero in 2010, which has been the highest grossing movie to date in the history of movies produced in Colombia–may be used in the classroom in the context of a World Language, Literature, and Culture department in the United States. It is the contention of this study that such a choice is far from common due to diverse issues, which include the limited access to international distribution of the majority of the so-called “national film” or, in …
Can Films Speak The Truth? Mathieu Kassovitz’S La Haine (1995) And Philippe Faucon’S La Désintégration (2011), Annie Jouan-Westlund Ph.D.
Can Films Speak The Truth? Mathieu Kassovitz’S La Haine (1995) And Philippe Faucon’S La Désintégration (2011), Annie Jouan-Westlund Ph.D.
Cultural Encounters, Conflicts, and Resolutions
La Haine, (Dir. Mathieu Kassovitz, 1995) and La Désintégration (Dir. Philippe Faucon, 2011), set in France’s urban periphery, depict the struggle of second and third-generation immigrants growing up in the housing projects and their desire to live like ‘other’ French young people. The analysis offers a comparative study of the films’ reception with a community of viewers made of American students in a Contemporary French Culture course. Following the three paradigms of exclusion (social, racial, and cultural); gender representation; and aestheticism and realism, this study demonstrates that, within certain limits, these cinematic propositions, of similar prophetic nature but different …
Understanding Arab Culture Through Cinema, Abed El-Rahman Tayyara Ph.D.
Understanding Arab Culture Through Cinema, Abed El-Rahman Tayyara Ph.D.
Cultural Encounters, Conflicts, and Resolutions
The article examines the use of cinema as a tool for teaching about Arab culture and assesses the process in which learners acquire a higher level of intercultural communicative competence. The essay draws primarily on multilayered class activities and students’ responses to pre- and post- screening surveys related to eight Arab films. The article reveals that the evaluation of the learners’ intercultural competence and their familiarity with Arab culture in particular is a long process that filled with misunderstandings, gaps, inconsistencies, and contradictions on the part of the learners. To successfully conduct this type of teaching, the article also points …
Table Of Contents, Antonio Medina-Rivera Ph.D, Lee F. Wilberschied Ph.D., Heba A.N. El Attar Ph.D
Table Of Contents, Antonio Medina-Rivera Ph.D, Lee F. Wilberschied Ph.D., Heba A.N. El Attar Ph.D
Cultural Encounters, Conflicts, and Resolutions
No abstract provided.
The Developmental Effect Of State Alcohol Prohibitions At The Turn Of The 20th Century, Mary F. Evans, Eric Helland, Jonathan Klick, Ashwin Patel
The Developmental Effect Of State Alcohol Prohibitions At The Turn Of The 20th Century, Mary F. Evans, Eric Helland, Jonathan Klick, Ashwin Patel
All Faculty Scholarship
We examine the quasi-randomization of alcohol consumption created by state-level alcohol prohibition laws passed in the U.S. in the early part of the 20th century. Using a large dataset of World War II enlistees, we exploit the differential timing of these laws to examine their effects on adult educational attainment, obesity, and height. We find statistically significant effects for education and obesity that do not appear to be the result of pre-existing trends. Our findings add to the growing body of economic studies that examines the long-run impacts of in utero and childhood environmental conditions.
The Punishment/El Castigo: Undocumented Latinos And U.S. Immigration Processing, Ruth Gomberg-Munoz
The Punishment/El Castigo: Undocumented Latinos And U.S. Immigration Processing, Ruth Gomberg-Munoz
Ruth Gomberg-Munoz
La Vida Es Un Conflicto, Pero Hay Que Llevar Soluciones: La Resolución De Conflicto En Comunidades Rurales De San Ramón Nicaragua A Través De Facilitadores Judiciales Rurales Y Mediación, Marlee Raible
Independent Study Project (ISP) Collection
In rural parts of Nicaragua historically there has not been a lot of access to the justice system. Conflicts have been going unresolved for years leading to a high amount of violence as people take justice into their own hands. The recent implementation of the Rural Judicial Facilitators Program (RJFP) is an effort to provide access to justice directly in rural communities. These facilitators are trained to use mediation as their principal method to resolve conflict.
This study exposes perceptions of mediation and the RJFP from community members, facilitators, and judiciaries. It discusses the key role of the facilitator in …