Law Commons^™

Putting A Slam On Alcohol Violators Through Dram- How The State Of Ohio Can Improve The Day-To-Day Safety Of Its Residents Through Dram Laws, Steven Iwanek

Honors Projects

In the realm of legal frameworks governing the service and consumption of alcohol, Dram Shop Liability Laws play a pivotal role in holding establishments accountable for the consequences of alcohol-related incidents. These laws, known as dram laws, vary across states, delineating the responsibilities of alcohol servers and establishments in preventing the overconsumption of alcohol and the resultant harm. This examination delves into a comprehensive background of dram laws, particularly focusing on their historical evolution, their present implications, and the imperative need for refinement.

As societal dynamics and patterns of alcohol consumption evolve, so too must the legislative mechanisms designed to …

Welcoming The Stranger: Abrahamic Hospitality And Its Contemporary Implications, Ori N. Soltes, Rachel Stern, Endy Moraes

Religion

Embracing hospitality and inclusion in Abrahamic traditions

One of the signal moments in the narrative of the biblical Abraham is his insistent and enthusiastic reception of three strangers, a starting point of inspiration for all three Abrahamic traditions as they evolve and develop the details of their respective teachings. On the one hand, welcoming the stranger by remembering “that you were strangers in the land of Egypt” is enjoined upon the ancient Israelites, and on the other, oppressing the stranger is condemned by their prophets throughout the Hebrew Bible.

These sentiments are repeated in the New Testament and the Qur’an …

Do Judges Understand Technology? How Attorneys And Advocates View Judicial Responsibility In Cyberstalking And Cyberharassment Cases, Kateryna Kaplun

International Journal on Responsibility

As new technologies emerge and are increasingly used to commit interpersonal cybercrimes like cyberstalking and cyberharassment, the legal system lags in assisting victims in obtaining justice in these types of experiences. This qualitative research study explores how attorney and advocate interviewees from Illinois, New Jersey, and New York view judges’ responsibility to the law in cyberstalking and cyberharassment cases. This study finds three themes: judges’ lack of understanding of technology and its harms, discretion, and law on the books versus law in action as important factors and frameworks that contribute to why judges do not consider the importance of technology …

Reinvest In Us: Reimagine The Role Of Police In The U.S., Jamil Davis

College Honors Program

In America, we must question and understand what is “law and order.” Over centuries, America developed a racialized slave-class politically and socially through power and force. Police are the foot soldiers of maintaining law and order as Slave Patrols evolved into the State Police. In my thesis, I discuss how their efforts in traffic enforcement enable a dominant class to target and enslave the oppressed class. Traffic control leads to 18 million interactions a year which is 34 people a minute. The numbers of interactions along with persistent practices regarding discrimination cause police to be a social liability. When bad …

A New Atticus Is Afoot: The Portrayal Of Lawyers In Popular Culture, Anna Thrush

Senior Theses

This project analyzes the stereotypical image of lawyers in popular culture, focusing on either overly demonic or unrealistically heroic. Both stereotypes that are common portrayals of attorneys in popular culture are unrealistic and deny society a true comprehension of the profession. Popular culture has molded the image of lawyers to the characteristics that sell, rather than focusing on a realistic portrayal. Therefore, popular culture creates a falsely dramatized image of attorneys to generate revenue, putting the reputation and future of the profession as risk. These stereotypes are exemplified in this project through a close literary analysis of lawyer characters from …

Women’S Sexuality And The State: A Beginning Look At Virginity’S Relationship To The Law, Ariana Strieb

Senior Projects Spring 2023

This is a beginning look at the relationship the state has with women's sexuality in the United States, specifically looking at how virginity animate the way rape trials are prosecuted.

The 1994 Federal Crime Bill: An Evaluation Of The Past, Present, And Future Of Its Impact On The Criminal Justice System, Jade R. Philpot

Honors College Theses

The 1994 Violent Crime Control and Law Enforcement Act was signed into law in response to the crack cocaine and crime epidemic of the 1980s. In this thesis I address the major elements of this bill, the racial, financial, and ethical conflicts that arose thereafter, and the reforms that should be implemented today to correct said conflicts.

Domesticated: Migrant Domestic Workers In Jordan And Their Place In Jordan’S Law And Homes, Jeromel Dela Rosa Lara

Independent Study Project (ISP) Collection

The purpose of this study is to bring attention to the labor conditions for migrant women domestic workers and what agency they have in the workplace (the home of their employers) and the law in Jordan. Jordan is considered as having a model labor law for migrant workers in the region. Officials from the Ministry of Labor have claimed that this makes the Kafala System––a system of labor that puts migrant workers under the care, standards, and control of the employer––non-existent in the country. This study will look further on the extent that this is reflected to the experiences of …

Domestic Violence In Immigrant Communities: Case Studies (Polish), Ferzana Chaze, Bethany Osborne, Archana Medhekar, Purnima George

Books

This document contains excerpts from the book Domestic Violence in Immigrant Communities: Case Studies by Dr. Ferzana Chaze, Dr. Bethany Osborne, Ms. Archana Medhekar and Dr. Purnima George that have been translated into Polish so that a wider audience can access them. The book is a freely accessible educational resource to be used in training with social work and legal practitioners.

The translated case studies in this document are real life stories of immigrant women who have experienced domestic violence in Canada. The cases emerged from closed legal case files handled by Archana Medhekar Law Office and reflect the stories …

Sticky Situations: Understanding The Law And Life, Krystal Banks

National Youth Advocacy and Resilience Conference

Law and life go hand in hand. Understanding the law and how it connects to life can be an effective tool in teaching youth and adults the value of making good decisions when it comes to life and the law. Sticky Situations places real-world situations in the context of learning how to apply the law and effectively respond to life's sticky situations.

Johnson V. M'Intosh: Christianity, Genocide, And The Dispossession Of Indigenous Peoples, Cynthia J. Boshell

Cal Poly Humboldt theses and projects

Using hermeneutical methodology, this paper examines some of the legal fictions that form the foundation of Federal Indian Law. The text of the U.S. Supreme Court’s 1823 Johnson v. M’Intosh opinion is evaluated through the lens of the Convention on the Prevention and Punishment of the Crime of Genocide to determine the extent to which the Supreme Court incorporated genocidal principles into United States common law. The genealogy of M’Intosh is examined to identify influences that are not fully apparent on the face of the case. International jurisprudential interpretations of the legal definition of genocide are summarized and used as …

Mapping Racial Capitalism: Implications For Law, Carmen G. Gonzalez, Athena D. Mutua

Journal Articles

The theory of racial capitalism offers insights into the relationship between class and race, providing both a structural and a historical account of the ways in which the two are linked in the global economy. Law plays an important role in this. This article sketches what we believe are two key structural features of racial capitalism: profit-making and race-making for the purpose of accumulating wealth and power. We understand profit-making as the extraction of surplus value or profits through processes of exploitation, expropriation, and expulsion, which are grounded in a politics of race-making. We understand race-making as including racial stratification, …

Domestic Violence In Immigrant Communities: Case Studies (Hindi), Ferzana Chaze, Bethany Osborne, Archana Medhekar, Purnima George

Books

This document contains excerpts from the book Domestic Violence in Immigrant Communities: Case Studies by Dr. Ferzana Chaze, Dr. Bethany Osborne, Ms. Archana Medhekar and Dr. Purnima George that have been translated into Hindi so that a wider audience can access them. The book is a freely accessible educational resource to be used in training with social work and legal practitioners.

The translated case studies in this document are real life stories of immigrant women who have experienced domestic violence in Canada. The cases emerged from closed legal case files handled by Archana Medhekar Law Office and reflect the stories …

The Experiences Of Healthcare Workers And Lawyers Engaging In Remote Work, Desha Puri, Tracey L. Adams Dr.

Undergraduate Student Research Internships Conference

This study aims to compare the experiences of healthcare workers and lawyers engaging in remote work during the Covid-19 pandemic. The research poster presents a content analysis of the current research on the experiences of professions in the two fields mentioned above. In engaging in content analysis, the study advances a select number of thematic value codes that effectively characterize the similarities and differences between the two professions. With these thematic values codes, it has been found that the healthcare profession and law profession have had a similar experience working from home. With these similarities and differences, one can propose …

Domestic Violence In Immigrant Communities: Case Studies (Brazilian Portuguese), Ferzana Chaze, Bethany Osborne, Archana Medhekar, Purnima George

Books

This document contains excerpts from the book Domestic Violence in Immigrant Communities: Case Studies by Dr. Ferzana Chaze, Dr. Bethany Osborne, Ms. Archana Medhekar and Dr. Purnima George that have been translated into Brazilian Portuguese so that a wider audience can access them. The book is a freely accessible educational resource to be used in training with social work and legal practitioners.

The translated case studies in this document are real life stories of immigrant women who have experienced domestic violence in Canada. The cases emerged from closed legal case files handled by Archana Medhekar Law Office and reflect the …

Domestic Violence In Immigrant Communities: Case Studies (Punjabi), Ferzana Chaze, Bethany Osborne, Archana Medhekar, Purnima George

Books

This document contains excerpts from the book Domestic Violence in Immigrant Communities: Case Studies by Dr. Ferzana Chaze, Dr. Bethany Osborne, Ms. Archana Medhekar and Dr. Purnima George that have been translated into Punjabi so that a wider audience can access them. The book is a freely accessible educational resource to be used in training with social work and legal practitioners.

The translated case studies in this document are real life stories of immigrant women who have experienced domestic violence in Canada. The cases emerged from closed legal case files handled by Archana Medhekar Law Office and reflect the stories …

When Half The Neighborhood Is Missing: How To Overcome Systemic Poverty And Gentrification Following The Models Of Dudley Street And Mission Waco, Kevin A. Brown, Kevin A. Brown, Kevin A. Brown

Doctor of Ministry Projects and Theses

Abstract

By following the examples of Mission Waco and The Dudley Street Initiative, it is possible to renew a sense of beloved community by changing the narrative of poverty and gentrification by rebuilding the village through empowering the poor and marginalized.

Mission Waco and The Dudley Street Initiative are comprehensive sustainable communities because they combine numerous social and economic interventions under developed strategic plans. The principal question that this dissertation seeks to answer is whether these models can be implemented in local communities to help overcome gentrification and poverty. Implementation can be successful if we can identify the problem, rethink …

Domestic Violence In Immigrant Communities: Case Studies (Arabic), Ferzana Chaze, Bethany Osborne, Archana Medhekar, Purnima George

Book

This document contains excerpts from the book Domestic Violence in Immigrant Communities: Case Studies by Dr. Ferzana Chaze, Dr. Bethany Osborne, Ms. Archana Medhekar and Dr. Purnima George that have been translated into Arabic so that a wider audience can access them. The book is a freely accessible educational resource to be used in training with social work and legal practitioners.

The translated case studies in this document are real life stories of immigrant women who have experienced domestic violence in Canada. The cases emerged from closed legal case files handled by Archana Medhekar Law Office and reflect the stories …

Mine The Gap: Using Racial Disparities To Expose And Eradicate Racism, James S. Liebman, Kayla C. Butler, Ian Buksunski

Faculty Scholarship

For decades, lawyers and legal scholars have disagreed over how much resource redistribution to expect from federal courts and Congress in satisfaction of the Fourteenth Amendment's promise of equal protection. Of particular importance to this debate and to the nation given its kaleidoscopic history of inequality, is the question of racial redistribution of resources. A key dimension of that question is whether to accept the Supreme Court's limitation of equal protection to public actors' disparate treatment of members of different races or instead demand constitutional remedies for the racially disparate impact of public action.

For a substantial segment of the …

The 100-Year Life And The New Family Law, Elizabeth S. Scott, Naomi Cahn

Faculty Scholarship

This draft book chapter, prepared as part of a symposium on The 100-Year Life by Linda Gratton and Andrew Scott, reflects on the future of family law in an era of longer lives. Our analysis leads us to conclude that the 100-year life is indeed likely to have an impact on the nature, scope, and definition of family law, but that families will continue to function as the primary setting for intimacy and for caregiving and caretaking, whatever form those families take. Further, the importance to both individual and social welfare of family support throughout life points to a need …

Hiding Sexual Harassment: Myths And Realities, Pat K. Chew

Articles

Hiding Sexual Harassment: Myths and Realities

Nevada Law Journal, Vol. 21, p. 1223, 2021

Sexual harassment and gender disparities in the workplace continue, but we are not paying enough attention. The heralded me-too movement and the publicized downfalls of Harvey Weinstein, Bill Cosby, and other former luminaries might give the impression that the lid is blown off the indignities of harassment in the workplace and that American society’s collective disdain and abhorrence of harassment has quickly put an end to these incivilities. But these headline cases are just the tip of the sexual harassment iceberg; they may even give us …

Do Gun Policies Really Protect Women? A Cross-National Test Of The Relationship Between Gun Regulations And Female Homicide Victimization, Janet Stamatel, Kathleen Ratajczak, Robert Hoekstra

Sociology Faculty Publications

Globally, firearms are the most frequent means of committing homicide with young males most likely to be victimized with guns. However, within the context of intimate partner violence and family violence, females’ risk of lethal gun violence rises significantly, supporting the need to pay more attention to firearms to reduce lethal VAW. One way to protect women from firearm violence within the private sphere is to regulate access to guns based on the risk of family violence. This study examines the extent to which gun availability and gun regulations affect lethal violence against women in a relatively large sample of …

Speaking Volumes: The Failure Of American Courts To Address The Underlying Themes Of Silence And Patriarchy Within The Civil Order Of Protection Process In Davenport, Iowa, Catherine Priebe

Sociology: Student Scholarship & Creative Works

Domestic abuse is a pervasive issue within the United States. Approximately three women will be murdered by an intimate partner every day and around half of all women will experience psychological abuse by an intimate partner in their lifetime. As such, it is important to have legal avenues that survivors can pursue in order to ensure safety for themselves and their children. There are many obstacles to obtaining a civil order of protection despite it being the most common legal option survivors choose to pursue. Survivors must take on the burden of proof and hire their own attorney if they …

Domestic Violence In Immigrant Communities: Case Studies (Spanish), Ferzana Chaze, Bethany Osborne, Archana Medhekar, Purnima George

Book

This document contains excerpts from the book Domestic Violence in Immigrant Communities: Case Studies by Dr. Ferzana Chaze, Dr. Bethany Osborne, Ms. Archana Medhekar and Dr. Purnima George that have been translated into Spanish so that a wider audience can access them. The book is a freely accessible educational resource to be used in training with social work and legal practitioners.

The translated case studies in this document are real life stories of immigrant women who have experienced domestic violence in Canada. The cases emerged from closed legal case files handled by Archana Medhekar Law Office and reflect the stories …

Domestic Violence In Immigrant Communities: Case Studies, Ferzana Chaze, Bethany Osborne, Archana Medhekar, Purnima George

Books & Chapters

“Domestic Violence in Immigrant Communities: Case Studies” is a freely accessible eCampus Ontario Pressbook containing case studies of immigrant women experiencing domestic violence to be used as educational materials. The contents were created by analysing closed legal case files of 15 immigrant women living in Ontario who experienced domestic violence. The comprehensive case studies that emerged from this research present domestic violence experienced by immigrant women in all its complexity, highlighting their unique vulnerability at the intersections of race, gender and immigration status. The book also highlights the different legal processes that these women encounter in seeking justice and the …

From The Legal Literature: Automating Police, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

Covid-19 And Lgbt Rights, Suzanne B. Goldberg

Faculty Scholarship

Even in the best of times, LGBT individuals have legal vulnerabilities in employment, housing, healthcare and other domains resulting from a combination of persistent bias and uneven protection against discrimination. In this time of COVID-19, these vulnerabilities combine to amplify both the legal and health risks that LGBT people face.

This essay focuses on several risks that are particularly linked to being lesbian, gay, bisexual, or transgender, with the recognition that these vulnerabilities are often intensified by discrimination based on race, ethnicity, age, disability, immigration status and other aspects of identity. Topics include: 1) federal withdrawal of antidiscrimination protections; 2) …

Shared Deliberations: Learning From The Voices Of Social Justice Lawyers On Their Aspirations, Challenges And Roles, Ian Head

Dissertations, Theses, and Capstone Projects

Lawyers in the U.S. who attempt to advocate for social justice issues, often on behalf of those communities most targeted by government institutions and oppressive legal systems, have unique perspectives into the challenges of using the law to create transformative change. This thesis examines the voices of over a dozen attorneys fighting not only on behalf of their clients, but also wrestling with how to best use a set of legal tools not meant for dismantling systems of power. Listening to how these legal advocates navigate their roles inside a system of laws created to consolidate rather than distribute power …

College Access For Undocumented Students And Law, Jessica C. Enyioha

Educational Considerations

There are over 32 million undocumented immigrants in the United States and of this population, over 1.5 million are children (Palmer & Davidson, 2011). These children grow up in the US, achieve primary and secondary education, and when they are ready to pursue postsecondary education, it becomes harder for them to achieve. In this paper, undocumented students’ access to postsecondary education in the US is examined: laws that affect their access to postsecondary education, previous cases on access to education for undocumented students, and the difficulties undocumented students often encounter when pursuing postsecondary education are discussed and analyzed. Best practices …

Brackeen V. Zinke, Bradley E. Tinker

Public Land & Resources Law Review

In 1978, Congress enacted the Indian Child Welfare Act to counter practices of removing Indian children from their homes, and to ensure the continued existence of Indian tribes through their children. The law created a framework establishing how Indian children are adopted as a way to protect those children and their relationship with their tribe. ICWA also established federal standards for Indian children being placed into non-Indian adoptive homes. Brackeen v. Zinke made an important distinction for the placement preferences of the Indian children adopted by non-Indian plaintiffs; rather than viewing the placement preferences in ICWA as based upon Indians’ …