Law Commons^™

Bearer Negotiable Instruments: Addressing A Financial Intelligence Gap And Identifying Criminogenic Weaknesses, Hollis B. Kegg

Dissertations, Theses, and Capstone Projects

Bearer Negotiable Instruments (BNI) are a long-standing category of financial instruments used to transfer large amounts of money in ways that may not be subject to regulation, reporting, tracking, review, or oversight. There is limited information available on BNIs, and no evidence that any studies have been undertaken on BNIs alone, much less reported. Increasingly, BNIs are being used for illegal purposes including money laundering. This study gathers information about their characteristics, nature, purpose, legal status, and numbers. It also focuses on the crime risks associated with BNIs, the crime opportunities they facilitate, and the criminal weaknesses in the financial …

Gender And Deception: Moral Perceptions And Legal Responses, Gregory Klass, Tess Wilkinson-Ryan

Georgetown Law Faculty Publications and Other Works

Decades of social science research has shown that the identity of the parties in a legal action can affect case outcomes. Parties’ race, gender, class, and age all affect decisions of prosecutors, judges, juries, and other actors in a criminal prosecution or civil litigation. Less studied has been how identity might affect other forms of legal regulation. This Essay begins to explore perceptions of deceptive behavior—i.e., how wrongful it is, and the extent to which it should be regulated or punished—and the relationship of those perceptions to the gender of the actors. We hypothesize that ordinary people tend to perceive …

The Interfaith Dental Program Of Michigan, William J. Danaher, Jr M.Div, Phd

The Journal of the Michigan Dental Association

In the wake of the fall of Kabul in August 2021, hundreds of thousands of Afghan refugees found temporary shelter at American airbases, prompting non-profit organizations and faith communities to assist in their resettlement. The Rev. Dr. William J. Danaher Jr. details the efforts of Christ Church Cranbrook and the Muslim Unity Center in Michigan to address the healthcare needs of Afghan refugees, particularly in dental care. Facing language and cultural barriers, they established an Interfaith Refugee Dental Program that successfully provided critical dental services to these refugees. The program's collaborative and humanitarian approach has improved the refugees' well-being and …

J Mich Dent Assoc February 2023

The Journal of the Michigan Dental Association

Every month, The Journal of the Michigan Dental Association brings news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members across the state. No publication reaches more Michigan dentists!

In this issue, the reader will find the following original content:

• A feature on the Interfaith Dental Refugee Program of Michigan
• Commentary on what makes membership matter and the ADA marketing shift on the value of membership.
• Complete details on the 2023 MDA Annual Session
• News you need, Editorial, and regular department articles on Dentistry and the Law, Staff Matters, and Advocacy.

The Family Values: Is It Really About The Family? Analyzing The Family In The Egyptian Discourse Through A Sociological Lens, Taher Sabala

Theses and Dissertations

The Egyptian state has put on its shoulders the responsibility of protecting the family and its values. But how this family, in a massive society like Egypt, can be defined? In this paper, I argue that it has never been about protecting the family. However, it is an attempt to shape the citizens into small separate hives which give the State the power to gain access to the intimate details of its citizens’ lives through which they can be easily monitored, managed, and controlled. By analyzing Michel Foucault’s work on government, power, sexuality, and family, I travel through a historical …

The Impact Of The Canva Program On The Learning Of The Ninth Grade Students In Jordanian Schools Of Html, Maha Abu Maizer

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

This is a semi-experimental study that aims at measuring the impact of CANVA on the learning of ninth graders in a Jordanian school of HTML. 50 female ninth graders were randomly selected from 72 students in Aisha Bint Abi Baker school, and were distributed to two groups; control, which was taught traditionally, and experimental, which was taught with CANVA to learn HTML as a part of their computer curriculum. The researcher used a set of 20 multiple choice questions to test their knowledge achievement and skills. After checking the validity and reliability of the test. The results showed that there …

Discrimination On The Basis Of Nationality Under The Convention On The Elimination Of Racial Discrimination, William Thomas Worster

Pace International Law Review

Following a recent judgment by the International Court of Justice (ICJ), a divergence has opened between the Court and the Committee on the Elimination of Racial Discrimination (CERD Committee) over whether the Convention on the Elimination of All Forms of Racial Discrimination (CERD) covers nationality-based discrimination. The ICJ held that the CERD does not, but the CERD Committee had previously held the opposite. The solution to this difference is to recognize that the CERD excludes discrimination between citizens and aliens, and, in this, the ICJ was correct. However, this discrimination is distinct from discrimination between foreign persons on the basis …

Children And The Cold War: Race & Hypocrisy Amid Fear Of Nuclear War, Richard D. Mctaggart Jr.

Theses and Dissertations

During the Cold War, American propaganda centered the wellbeing of the child in its messaging warning of atomic attack at the hands of the Soviet Union. However, despite American claims that all children were valued by the United States, this was proven untrue by its unequal treatment of Black children.

Unpacking The Forgotten Truth: Reestablishing Affirmative Action With Hispanic-Serving Institutions And The Military Equal Opportunity Program For Hispanics, Isabelle Rosado

Modern Languages, Philosophy and Classics Theses

Affirmative Action combats discrimination amongst individuals on the basis of race, creed, color, sex, or national origin and falls under the 14th Amendment. Race has been a leading result of the reevaluation of Affirmative Action programs. Furthermore, the United States Military is an organization that also advocates for racial equality but is seldom discussed. Claims of reverse racism and privilege shield the primary purpose of Affirmative Action. Discredited opinions engulf young minds in the never-ending social conflict of racial equality. This problem continues to be unsolved which divides Americans. The increase of Hispanics/Latinxs in the U.S. forces the analysis of …

Editor’S Note, Deepak Shimkhada

Monsoon: South Asian Studies Association Journal

This special issue of Monsoon is dedicated to the studies honoring the goddess traditions in South Asia. The onset of the Monsoon Season in South Asia typically commences in June and continues until late August and early September. The publication of this issue, therefore, has been strategically timed to coincide with that season, which is a vital source of sustenance for millions of individuals in this part of the world. This anthology consisting of five papers—written by scholars with expertise in the field of goddess and women studies—speak unequivocally about the goddesses or women for their strength, beauty, wisdom, and …

Constructing Jain Goddess Padmavātī In Gujarati Literature, Venu Mehta

Monsoon: South Asian Studies Association Journal

Worship of the goddess Padmāvatī emerged more than a thousand years ago. This article explores three songs about her in Gujarati by Paṇḍit Vīrvijayajī (1773-1852). By analyzing the style and form of his work, one learns a great deal about devotional liturgies that commemorate goddess Padmāvatī’s protection of the Jina Pārśvanātha and, in turn, his protection of her.

Women’S Voices From History: Gond Rani Durgawati And Rani Lakshmibhai, Nandini Sengupta, Moupia Basu

Monsoon: South Asian Studies Association Journal

Two strong women are compared and contrasted in this article. Gond Rani Durgawati (1524-1564) led a resistance movement in Jabalpur against the Mughal rule of Akbar. Rani Lakshmibai (1828-1858) organized the people of Jhansi against Sir Hugh Rose, an officer defending the interests of the British East India Company. Both women continue to be remembered for their bravery and their loyalty to the people they ruled.

Mai Bhago And Amrita Devi Bishnoi: Women Of Strength, Sowmya Ayyar

Monsoon: South Asian Studies Association Journal

Mai Bhago (1670-1720), also known as Bhag Kaur, distinguished herself on the battlefield to defend the Sikh faith. Amrita Devi Bishnoi (d. 1730) is said to have sacrificed her life with 362 others to protect the Khejari trees in the Rajasthan desert. Both women continue to inspire social justice and ecological activism.

An Examination Of Gandhian Economic And Political Thought And Its Relevance To The Empowerment Of Women, Purnima Mehta Bhatt

Monsoon: South Asian Studies Association Journal

Mahatma Gandhi (1869-1948) sought to alleviate poverty and empower women. His commitment to nonviolence and the economic ideal of “small is beautiful” continue to inspire grassroots movements around the globe. This article discusses the Chipko movement of northern India, the protection of rain forests in Kerala’s Silent Valley, the Self Employed Women’s Association (SEWA), and Medha Patkar’s valiant though ultimately futile attempt to save the Narmada River from a massive government damming project. The ongoing legacy of these movements can be found in AWAG, the Ahmedabad Women’s Action Group and Women’s Shanti Sena (Peace Force).

Indigenous Stitch-Arts Of India: Tradition And Revival In A Global Age, Punam Madhok

Monsoon: South Asian Studies Association Journal

Stitch art allows for the creative expression and economic support of countless women throughout India. This article examines four notable styles: chikankari, flora and fauna stitched in white thread on fine white cotton, rabari, the stitching of mirrors into colorful cloth, phulkari, resplendent flowery motifs sewn into shawls in Punjab, and kantha, Bengali patch work yielding quilts and seating mats. In addition to describing each technique, this article discusses how women have been economically empowered through this art by such organizations as Self-Help Enterprise (SHE) in Kolkata and Adithi, a women’s cooperative, in Bihar.

Harsh Creditor Remedies And The Role Of The Redeemer, Christopher D. Hampson

UF Law Faculty Publications

The concept of the judgment-proof or collection-proof debtor is fundamental to our understanding of civil law and of what distinguishes it from criminal law. But when civil creditors can threaten unduly harsh or cruel debt collection measures (whether legally or not), they extend their reach into the pockets of those whom this Article calls “redeemers,” third parties with a familial or quasi-familial relationship to civil debtors who have reason to pay on their behalf. This Article examines four such measures—imprisonment, homelessness, destitution, and deportation—remedies that sound like they come from another time and place, but which are threatened by some …

Public Perceptions Of Exonerees’ Deservingness Of Compensation And Expungement, Elizabeth Jeanne Lopez

All Graduate Theses, Dissertations, and Other Capstone Projects

To date, over 3,300 people in the United States have been wrongly convicted and exonerated for crimes they did not commit. This issue warrants immediate attention and reform. Sadly, many exonerees struggle to receive compensation for their wrongful convictions and have the wrongful convictions expunged from their criminal records. Researchers have begun to examine this complex issue by studying a range of topics regarding wrongful convictions and exonerees. However, little research has focused on factors that influence public perceptions of exonerees and their deservingness of both compensation and expungement. To address this gap in the literature, the current study used …

Copyright And Racism, Kimber Thomas

Copyright, Fair Use, Scholarly Communication, etc.

Slides on copyright and racism by Dr. Kimber Thomas with an emphasis on United States copyright.

Includes points related to the origin of United States copyright law, original authorship and tangibility requirements, creation of works via oral or visual tradition and knowledge, the useful articles exclusion, and works made for hire.

The Multi-Dimensional Relationship Between Immigration Policies And Mexican Migrant Women: A Cycle Of Violence, Vulnerabilities, And Sobreviviencia, Jasmine Perales, Jasmine Perales

CMC Senior Theses

Thousands of migrants have died at the United States/Mexico border. This paper analyzes how the current crisis at the border came to be, specifically focusing on the experiences of Mexican migrant women. An analysis of race, racial scripts, and illegality shows how these inform immigration policies and negatively impact migrants. Decades worth of draconian immigration policies have militarized the border and continued to reinforce negative racial scripts of migrants. By centering the testimonies of Mexican migrant women, their structured vulnerabilities come to the forefront as a direct result of immigration policies. Reform of the immigration system needs to occur to …

How The “Black Criminal” Stereotype Shapes Black People’S Psychological Experience Of Policing: Evidence Of Stereotype Threat And Remaining Questions, Cynthia J. Najdowski

Psychology Faculty Scholarship

Cultural stereotypes that link Black race to crime in the U.S. originated in and are perpetuated by policies that result in the disproportionate criminalization and punishment of Black people. The scientific record is replete with evidence that these stereotypes impact perceivers’ perceptions, information processing, and decision-making in ways that produce more negative criminal legal outcomes for Black people than White people. However, relatively scant attention has been paid to understanding how situations that present a risk of being evaluated through the lens of crime-related stereotypes also directly affect Black people. In this article, I consider one situation in particular: encounters …

Between Cooperation And Conflict In Second Look Sentence Review, Kay L. Levine, Ronald F. Wright

Faculty Articles

This Article offers the first scholarly assessment of new resentencing practices initiated by state prosecutors in the United States. Unlike the conviction integrity units that have become institutional fixtures in many prosecutors’ offices over the past two decades, attorneys working on resentencing matters rarely address concerns about the legal integrity or factual accuracy of the conviction itself. Prosecutors and defense attorneys instead consider the continuing integrity of the sentence imposed on the defendant. Perhaps a second look is necessary because the sentence imposed for the crime no longer appears necessary to serve public safety goals, because the prisoner has aged …

The War On Tenure, Deepa Das Acevedo

Faculty Articles

Legislative attacks on faculty tenure are proliferating at an alarming rate. Politicians seeking to abolish or restrict the practice argue that tenure encourages bad behavior and impedes warranted terminations, granting undeserving academics “jobs for life.” But does tenure really facilitate—much less incentivize—such undesirable outcomes? This Article marshals an original and unprecedented dataset of “tenured-terminations” as well as existing social science research to show that the likely answer to both questions is “No.”

Instead, the data suggest that tenure is largely operating as it should: as a form of “just cause” employment where cause for termination is difficult but not impossible …

Offshore Entanglements, Martin W. Sybblis

Faculty Articles

For decades, scholars have struggled to determine how to deploy laws and legal institutions to spur economic prosperity. But, without knowing which legal rules and institutions to prioritize for a particular social context, the outcomes have been generally unsatisfactory. The case of offshore financial centers provides fresh and compelling new insights into this puzzle. This Article uses the sociological concept of community economic identity (“CEI”) to understand why some offshore financial centers prioritize investments in legal institutions that bolster their offshore finance enterprises while others do not. CEI refers to a community’s shared identity that is linked to a specific …

The Public Voice Of The Defender, Russell M. Gold, Kay L. Levine

Faculty Articles

For decades police and prosecutors have controlled the public narrative about criminal law. The news landscape features salacious stories of violent crimes while ignoring the more mundane but far more prevalent minor cases that clog the court dockets. Defenders, faced with overwhelming caseloads and fear that speaking out may harm their clients, have largely ceded the opportunity to offer a counternarrative based on what they see every day. Defenders tell each other about overuse of pretrial detention, intensive pressure to plead guilty, overzealous prosecutors, cycles of violence, and rampant constitutional violations—all of which inflict severe harm on defendants and their …

Addiction And Liberty, Matthew B. Lawrence

Faculty Articles

This Article explores the interaction between addiction and liberty and identifies a firm legal basis for recognition of a fundamental constitutional right to freedom from addiction. Government interferes with freedom from addiction when it causes addiction or restricts addiction treatment, and government may protect freedom from addiction through legislation empowering individuals against private actors’ efforts to addict them without their consent. This Article motivates and tests the boundaries of this right through case studies of emergent threats to liberty made possible or exacerbated by new technologies and scientific understandings. These include certain state lottery programs, addiction treatment restrictions, and smartphone …

Toxic Masculinity And Gender-Based Gun Violence In America: A Way Forward, Hayley N. Lawrence

Faculty Scholarship

No abstract provided.

How A Professional Describes Reasons For Working In And Ultimately Leaving The Foster Care Field In The State Of Missouri: A Case Study, Lauren Williams

Graduate Theses/Dissertations

The foster care field continues to have a high turnover rate of the professionals working in the field. While support and work balance are available for some professionals, many face the challenges of heavy workloads, unrealistic expectations, and health sacrifices that lead to many professionals leaving the field. This case study of one former foster care professional’s description of reasons they worked in the field, and reasons they ultimately left the field provides insight of the challenges and support as a foster care professional. The findings of this study are organized into three major themes including “Challenges for Foster Care …

Alone In The Lone Star State: How A Lack Of Centralized Public Defender Offices Fails Rural Indigent Defendants, Aiden Park

University of Michigan Journal of Law Reform

The criminal justice system is stacked against indigent defendants. The disadvantages indigent defendants face are exacerbated when mixed with the unique qualities of rural America.

For instance, rural court-assigned attorneys are often picked through ad hoc systems by the very judges these attorneys must appear in front of, creating a judicial conflict of interest. The financial realities of rural public defense work often force counsel to manage a private practice while also balancing court-appointed cases. To the extent integral resources like investigators or experts are present in rural spaces, they are seldom used. This Note highlights the way Texas organizes …

Are Lawyers’ Case Selection Decisions Biased? A Field Experiment On Access To Justice, Jens Frankenreiter, Michael A. Livermore

Scholarship@WashULaw

The attorney-client relationship is pivotal in providing access to courts. This paper presents results from a large-scale field experiment exploring how demographic information (encoded in potential clients’ names) affects how attorneys respond to initial inquiries in private injury cases. On the basis of prior literature, we hypothesize that race is a significant factor, but we also explore race and gender interactions. We find that ostensibly Black or Hispanic inquirers receive fewer responses than ostensibly White inquirers, a result largely driven by preferential treatment of White female inquirers. The racial disparities are larger than those previously documented in contexts such as …

The ‘Hijacking’ Of The Scandinavian Journal Of Information Systems: Implications For The Information Systems Community [Opinion], Sune Dueholm Müller, Johan Ivar Sæbø

Copyright, Fair Use, Scholarly Communication, etc.

Journal hijacking, which refers to the attempted brand takeover of a journal by a third party, is a nascent threat confronting the information systems (IS) community, as evidenced by cybercriminals having established an online presence, masquerading as the Scandinavian Journal of Information Systems (SJIS). The SJIS hijacking damages the journal's reputation, leads to payment and publication scams, involves identity theft among unsuspecting IS researchers, and results in tarnished author reputations. Beyond SJIS, journal hijacking presents a threat, not only to the IS community, but also to science and academic integrity in general if researchers and readers cannot distinguish between fake …