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Articles 31 - 59 of 59
Full-Text Articles in Law
The Unsuspected Francis Lieber, Richard Salomon
The Unsuspected Francis Lieber, Richard Salomon
Dissertations, Theses, and Capstone Projects
"The Unsuspected Francis Lieber" examines paradoxes in the life and work of Francis Lieber. Lieber is best known as the author of the 1863 "Lieber Code," the War Department's General Order No. 100. It was the first modern statement of the law of armed conflict. This paper questions whether the Lieber Code was truly humanitarian, especially in view of its valorization of military necessity. Also reviewed is the contrast between the Code's extraordinarily favorable treatment of African-Americans and Lieber's personal history of slave-holding.
Lieber's shift from civil libertarian to authoritarian after 1857, as exemplified by his support of Lincoln's suspension …
Media Framing Of Wrongful Convictions, Eza B. Zakirova
Media Framing Of Wrongful Convictions, Eza B. Zakirova
Student Theses
Wrongful convictions are a major issue hindering the effectiveness and legitimacy of the criminal justice system. The topic has become a focus of media attention. Among the issues raised are the contributing factors to wrongful convictions, such as false confessions, false or misleading forensic evidence, official misconduct, mistaken witness identification, and perjury or false accusations. The following study examines how media frames these contributing factors of wrongful convictions using Loseke's social constructionist framework, which is useful for deconstructing the issue’s diagnostic, motivational and prognostic frames -- that is, how media consumers assess the causes, solutions, and the reasons to act …
A Philosophical Defense Of Judicial Minimalism, Cory A. Evans
A Philosophical Defense Of Judicial Minimalism, Cory A. Evans
Dissertations, Theses, and Capstone Projects
This dissertation analyzes, criticizes and ultimately defends judicial minimalism, a contemporary theory of judging that has come to the forefront of American jurisprudence in the early part of the 21st Century. In this dissertation I offer the first formal definition of judicial minimalism, apply that definition to case law and the literature, refute many objections to judicial minimalism including objections based on tough case counterexamples, offer a new version of the argument of epistemic humility and offer a new argument in support of judicial minimalism from the perspective of law and economics.
The State And Future Of Autonomous Vehicle Regulation In The United States, Nikolay Nyashin
The State And Future Of Autonomous Vehicle Regulation In The United States, Nikolay Nyashin
Dissertations, Theses, and Capstone Projects
Autonomous vehicle technology is poised to revolutionize transit around the world. There are currently tens of private companies either testing or building autonomous vehicles, including industry juggernauts like Ford and Google. This new mode of transportation falls into a regulatory grey area. Once cars reach full autonomy, governments will have to decide what entities will regulate them, where they will be allowed to drive, who will be responsible for them and a host of other issues. In some municipalities like San Francisco and Phoenix, autonomous vehicles (AVs) are being tested on public streets in real life conditions. Meanwhile, in 2017, …
Oops!... I Infringed Again: An Analysis Of U.S. Copyright And Its Intended Beneficiaries, Gabriele A. Forbes-Bennett
Oops!... I Infringed Again: An Analysis Of U.S. Copyright And Its Intended Beneficiaries, Gabriele A. Forbes-Bennett
Student Theses and Dissertations
This paper seeks to establish the reasons why federal copyright protection was created, discuss the shifts in reasoning behind major amendments, and explore its effects on copyright holders and the public, with a slight focus on the music industry. Federal copyright has existed in the United States since the late 1700s, with the creation of the Copyright Act in 1790. Adopted from the first copyright law ever created, the English Statute of Anne (1710), the Copyright Act was meant to protect citizens from piracy in a world where the risk of such a thing was rapidly increasing. The stated objective …
Involuntary Sterilization Among Hiv-Positive Garifuna Women From Honduras Seeking Asylum In The United States: Two Case Reports, Holly G. Atkinson, Deborah Ottenheimer
Involuntary Sterilization Among Hiv-Positive Garifuna Women From Honduras Seeking Asylum In The United States: Two Case Reports, Holly G. Atkinson, Deborah Ottenheimer
Publications and Research
Voluntary sterilization is one of the most widely used forms of contraception by women worldwide; however, involuntary sterilization is considered a violation of multiple human rights and grounds for asylum in the United States. Women have been disproportionately affected by this practice. We report two cases of involuntary sterilization in HIV-positive Garifuna women from Honduras who sought asylum in America and were medically evaluated at the request of their attorneys. Key lessons can be drawn from these cases with regard to the importance of medical evaluations in establishing persecution. These include the need for a detailed account of the events …
Militarization Of Conservation, Daniel Ryan Michel
Militarization Of Conservation, Daniel Ryan Michel
Dissertations, Theses, and Capstone Projects
The world is facing biological diversity extinction of its wildlife solely caused by humans. One of the leading causes of the extinction crisis is attributed to poaching and the illegal trade of wildlife products. In search of finding suitable methods to curb the crisis, a dichotomy of overarching solutions has arisen: those who have advocated for community-based natural resource management and those who support militarized conservation. The focus of this paper is to delineate which method is, if any, the most appropriate when combatting poaching and the illegal wildlife trade. Concentrating on elephants (both African and Asian) and the rhinoceros, …
Moral Mode Switching: From Punishment To Public Health, Stephen Koppel
Moral Mode Switching: From Punishment To Public Health, Stephen Koppel
Dissertations, Theses, and Capstone Projects
A public health response to drug offenses has potential to improve both public safety and public health. However, the public’s desire for retribution represents a possible hindrance to reform. Relying on dual-process theory of moral decision-making, this dissertation examines agreement among laypeople about the relative blame deserved for various crime types, and probes several possible predictors of support—the need for cognition (“NFC”), intergroup bias, and free-will doubt—for retributive as well as consequentialist responses to crime. Findings from several web-based experiments show: (a) in comparison to core crimes (eg., murder) substantially less agreement about the relative blame deserved for noncore crimes …
Conditions Of Personhood And Property, Zachary James Acree
Conditions Of Personhood And Property, Zachary James Acree
Dissertations, Theses, and Capstone Projects
This paper seeks to demonstrate that a more robust understanding of personhood both reveals flaws in the underlying assumptions of modern property law, and orients that law to a more just application. To do this, the law needs not only a better definition of what persons are, but also a better understanding of how persons function in their society. First, in order to provide some context to the issues at stake, there is a brief historical introduction to some of the problems that personhood inquiries have faced. After the introduction, this paper is divided into four sections. Part I summarizes …
Regulation Of Radioactive Fracking Waste, Elizabeth Ann Glass Geltman, Nichole Leclair
Regulation Of Radioactive Fracking Waste, Elizabeth Ann Glass Geltman, Nichole Leclair
Publications and Research
Natural gas extracted form shale reached record production totals in 2015 in the United States and the US Energy Information Administration (EIA) forecasts natural gas production will continue to increase. Wastes from shale gas extraction can contain the radioactive isotopes radium-226 (Ra-226) and radium-228 (Ra-228), which decay further into radon (Rn). Exposure to radon, a form of naturally occurring radioactive materials (NORM), is the leading cause of lung cancer in the United States, after smoking. This article explores how states handle the disposal of technologically enhanced naturally occurring radioactive materials (TENORM) and/or NORM waste from oil and gas operations to …
Does Bankruptcy Save Homes? A Further Look, Alan White
Does Bankruptcy Save Homes? A Further Look, Alan White
Publications and Research
No abstract provided.
The Perpetuation Of Mass Incarceration: Analyzing Systemic Effects Of The U.S. Penal System, Lillian Barreto
The Perpetuation Of Mass Incarceration: Analyzing Systemic Effects Of The U.S. Penal System, Lillian Barreto
Theses
This paper is divided into four parts, Part I. Perpetuation of a Disparate System , Part II. Perpetual Marginalization , Part III. My Personal Research and Part IV. Moving Forward . Part I serves to show the pervasive racial disparities throughout the criminal justice system and how these disparities portray a system which discriminates primarily against poor men of color. Part II shows how this community is disadvantaged in various parts of their social, economic and political lives because of the extent of punitivity and criminalization. It explains the way these disadvantages translate to men of color being discriminated against …
Law And Order Without Justice: A Case Study Of Gravity Knife Legislation In New York City, Zamir Ben-Dan
Law And Order Without Justice: A Case Study Of Gravity Knife Legislation In New York City, Zamir Ben-Dan
City University of New York Law Review
No abstract provided.
Sanctuary Policies: Local Resistance In The Face Of State Anti-Sanctuary Legislation, Azadeh Shahshahani, Amy Pont
Sanctuary Policies: Local Resistance In The Face Of State Anti-Sanctuary Legislation, Azadeh Shahshahani, Amy Pont
City University of New York Law Review
No abstract provided.
The Charter School Network: The Disproportionate Discipline Of Black Students, Mikailla Carwin
The Charter School Network: The Disproportionate Discipline Of Black Students, Mikailla Carwin
City University of New York Law Review
While the charter school movement has gained traction and grown extensively throughout the United States, its disciplinary practices are controversial. The “zero-tolerance” policies used in charter schools, which include exclusionary disciplinary methods such as suspension, causes damage to the student’s self-esteem, reputation amongst their peers, academic performance, and attitude toward attending school. Studies and statistics show that charter schools disproportionately punish Black students more than any other race. This article explores: a brief history of the charter school movement and charter school law, general disciplinary practices within charter schools, and how the law allows black students in the charter school …
Federal Felon-In-Possession Gun Laws: Criminalizing A Status, Disparately Affecting Black Defendants, And Continuing The Nation’S Century-Old Methods To Disarm Black Communities, Emma Luttrell Shreefter
Federal Felon-In-Possession Gun Laws: Criminalizing A Status, Disparately Affecting Black Defendants, And Continuing The Nation’S Century-Old Methods To Disarm Black Communities, Emma Luttrell Shreefter
City University of New York Law Review
No abstract provided.
Rights In Common: A Deconstruction Of Political Speech, Agency Fee Structures, And The Union As Commons After Janus V. Afscme, Susannah Maltz
Rights In Common: A Deconstruction Of Political Speech, Agency Fee Structures, And The Union As Commons After Janus V. Afscme, Susannah Maltz
City University of New York Law Review
No abstract provided.
Defamation And The First Amendment: Protecting Free Speech While Promoting Accountability Under Trump, Jp Perry
City University of New York Law Review
No abstract provided.
43 Essex Street: A Case Study In Shutting Down Tenant Harassment And Displacement With Community Organizing And Lawyering, Cynthia Cheng-Wun Weaver, Donna Chiu
43 Essex Street: A Case Study In Shutting Down Tenant Harassment And Displacement With Community Organizing And Lawyering, Cynthia Cheng-Wun Weaver, Donna Chiu
City University of New York Law Review
No abstract provided.
Mandatory Inclusionary Housing: Are Permanency And Affordability Possible?, Mackenzie Lew
Mandatory Inclusionary Housing: Are Permanency And Affordability Possible?, Mackenzie Lew
City University of New York Law Review
No abstract provided.
Emancipatory Learning, Open Educational Resources, Open Education, And Digital Critical Participatory Action Research, Jason Leggett, Jay Wen, Anthony Chatman
Emancipatory Learning, Open Educational Resources, Open Education, And Digital Critical Participatory Action Research, Jason Leggett, Jay Wen, Anthony Chatman
Publications and Research
Given that we must prepare students for the future workforce today how can we use the power of Open Educational Resources (OERs) and Digital Social Science research to improve student learning and help students develop technical skills needed for the high-tech workforce? In this article, we use transformative learning theory (Mezirow, 1978) and Digital + Critical Participatory Action Research (D+CPAR) to analyze the effectiveness of integrating OERs into a course and reflect on how we used OERs to support student learning and make civic engagement more equitable at an urban community college. In a criminal justice course analyzing the legal …
Guyana-Venezuela Border Dispute: Seeking A Peaceful Solution, Aaron Marcus Homer
Guyana-Venezuela Border Dispute: Seeking A Peaceful Solution, Aaron Marcus Homer
Dissertations and Theses
The purpose of this thesis is to examine and evaluate the effectiveness of those dispute settlement mechanisms that are capable of resolving the Guyana-Venezuela border dispute. This thesis will analyze those legal principles and/or techniques of the International Court of Justice, mediation and the Permanent Court of Arbitration, which are indispensable for dispute resolution. I argue that a resolution is significant for the stability of the international community.
Guyana and Venezuela possess economic and political interests in the disputed Essequibo region. Venezuela’s predilection for bilateral negotiations contradicts Guyana’s request for a judicial solution. These extreme positions are not novel but …
Protecting The Rights Of Daca Recipients As Persons Residing Under Color Of Law In New York, Janet M. Calvo
Protecting The Rights Of Daca Recipients As Persons Residing Under Color Of Law In New York, Janet M. Calvo
City University of New York Law Review
While the future immigration status of those who enrolled in DACA, Deferred Action for Childhood Arrivals, is uncertain, they should remain eligible for both professional licensing and Medicaid in New York as they continue to be PRUCOL, permanently residing under color of law, whether or not DACA is ultimately rescinded. Almost 800,000 non-citizens who came to the United States as children have been afforded DACA. As of 2017, there were over 40,000 approved DACA recipients (DACAs) in New York. The USCIS reported that as of September 4, 2017 there were 32,900 active DACAs in New York. A future immigration status …
The First Amendment & Current State-Level Legislative Repression, John Loranger
The First Amendment & Current State-Level Legislative Repression, John Loranger
City University of New York Law Review
No abstract provided.
Mental Competency In Immigration Courts: Presumption, Safeguards, And Due Process Violations, Margot Lourdel
Mental Competency In Immigration Courts: Presumption, Safeguards, And Due Process Violations, Margot Lourdel
City University of New York Law Review
No abstract provided.
Introduction: For Better Or For Worse? Relational Landscapes In The Time Of Same-Sex Marriage, Michael W. Yarbrough
Introduction: For Better Or For Worse? Relational Landscapes In The Time Of Same-Sex Marriage, Michael W. Yarbrough
Publications and Research
As same-sex marriage has become a legal reality in a rapidly growing list of countries, the time has come to assess what this means for families and relationships on the ground. Many scholars have already begun to examine how marriage is helping some same-sex couples, but in this introduction I call for a broader and more critical research agenda. In particular, I argue that same-sex marriage crystallizes a key tension surrounding families and relationships in many contemporary societies. On the one hand, strict family norms are relaxing in many places, allowing more people to form more diverse types of caring …
Very Long Engagements: The Persistent Authority Of Bridewealth In A Post-Apartheid South African Community, Michael W. Yarbrough
Very Long Engagements: The Persistent Authority Of Bridewealth In A Post-Apartheid South African Community, Michael W. Yarbrough
Publications and Research
This article examines the persistent authority of the customary practice for forming recognized marriages in many South African communities, centered on bridewealth and called “lobola.” Marriage rates have sharply fallen in South Africa, and many South Africans blame this on the difficulty of completing lobola amid intense economic strife. Using in-depth qualitative research from a village in KwaZulu-Natal, where lobola demands are the country’s highest and marriage rates its lowest, I argue that lobola’s authority survives because lay actors, and especially women, have innovated new repertoires of lobola behavior that allow them to pursue emerging needs and desires for marriage …
Who Speaks For The Paralegal Studies Student? - An Educator’S Perspective When Teaching Forensic Science To The Legal Studies Student, Marissa Moran
Who Speaks For The Paralegal Studies Student? - An Educator’S Perspective When Teaching Forensic Science To The Legal Studies Student, Marissa Moran
Publications and Research
No abstract provided.