Law Commons^™

"The Land That Feminism Forgot": Birthzillas, Madwives, And The Politics Of Chilbirth, Amber Vayo

Doctoral Dissertations

“The Land that Feminism Forgot” is an in-depth exploration of the politics of childbirth that draws together qualitative and quantitative evidence to theorize the connections between treatment in childbirth and maternal mortality. Situating the qualitative research in the larger national context, the second chapter offers a State Reproductive Autonomy Index that provides an overview of the reproductive policy landscape at the national level. The dissertation then explores the role of institutionalized childbirth, medical mistrust, and obstetric violence in the U.S.’s longstanding maternal mortality crisis and offers policy suggestions in key public health areas. Through 120 qualitative interviews with people who …

Legal Framework Of Cultural Landscape As A Listed Cultural Heritage In Taiwan, Chun-Hsi Wang

ISCCL Scientific Symposia and Annual General Meetings // Symposiums scientifiques et assemblées générales annuelles de l'ISCCL // Simposios científicos yy las Asambleas Generales Anuales

The cultural landscape has been protected as a cultural heritage in Taiwan since the amendment of the law in 2005. The definition in the law of 2005 was “the spaces and related environment of myths, legends, circumstances, historical events, community life, or ceremony”. However, the 2005 definition was ambiguous, which resulted in several unclear registered cases. For instance, some cases may have been registered as cultural landscapes but have buildings as their major attributes. This reflects the fact that the preservation of cultural heritage in Taiwan still focuses on the preservation of buildings, which highlights the difference between the concept …

Significance, Opportunities And Challenges Of Cultural Landscape Conservation And Bhutan Heritage Bill – Unesco’S Experiences Of Bhutan, Roland Chih-Hung Lin

ISCCL Scientific Symposia and Annual General Meetings // Symposiums scientifiques et assemblées générales annuelles de l'ISCCL // Simposios científicos yy las Asambleas Generales Anuales

UNESCO was the first United Nations agency to deal with landscapes at a global scale, notably through the 1962 UNESCO Recommendation on the Beauty and Character of Landscapes and Sites and the 1972 Convention Concerning the Protection of the World Cultural and Natural Heritage. This article shares the knowledge and experience garnered by UNESCO through its conservation and management activities at Cultural Landscapes in Bhutan and highlights the urgent need for a cultural-historical-natural territory approach to address the pressing challenges for the conservation of Cultural Landscapes in Bhutan, and for a strong focus on the peoples and communities that …

Evolution Of Landscape Scale Protection In Australia Since 1974, Jane Lennon

ISCCL Scientific Symposia and Annual General Meetings // Symposiums scientifiques et assemblées générales annuelles de l'ISCCL // Simposios científicos yy las Asambleas Generales Anuales

Australia ICOMOS found the Venice Charter principles to be universally sound but not applicable to an ancient landscape encompassing 60,000 years of Aboriginal occupation and modified by only 200 years of European settlement. In response, Australia ICOMOS members created the Burra Charter to deal with conservation of places of cultural significance, and in the years since 1981, it has been updated to reflect contemporary practice and improved understanding of intangible values. Although its principles and planning steps have been followed for large publicly-owned conservation landscapes such as national parks or for urban historic parks, the challenge is to apply it …

Cultural Landscapes In Aotearoa New Zealand – Decolonisation And Challenges, Nicola Short, Carolyn Hill

ISCCL Scientific Symposia and Annual General Meetings // Symposiums scientifiques et assemblées générales annuelles de l'ISCCL // Simposios científicos yy las Asambleas Generales Anuales

The first place to be inscribed on the UNESCO World Heritage list as a cultural landscape was Tongariro National Park in Aotearoa New Zealand. Despite this early acknowledgement in the international arena there is a weak theoretical understanding of cultural landscapes in Aotearoa, both in the legislative environment and management regimes (Short 2020). The current state of cultural landscapes in Aotearoa can be seen as an expression of the colonial systems and perspectives which dominate environmental and heritage planning.

The identification and application of heritage status and associated protections in Aotearoa with respect to cultural landscapes has a number of …

When You Can't See The Trees For The Forest: An Analysis Of Heritage Tree Protection And The Implications For Nature Culture Integration, Elizabeth Brabec

ISCCL Scientific Symposia and Annual General Meetings // Symposiums scientifiques et assemblées générales annuelles de l'ISCCL // Simposios científicos yy las Asambleas Generales Anuales

Heritage trees provide a sense of permanency and sense of place, spiritual connections, and also a critical repository of a gene pool, climate adaptation history and future human resources. Characterized as the oldest and/or largest tree of a species, heritage or "champion" trees as they are often termed, contain a "library" of climate changes that have taken place over hundreds and in some cases thousands of years. But in the designation and protection of heritage trees, the criteria of ecosystem services and economic values are mentioned much more frequently in the legislation and research, than cultural or heritage values. This …

Policy Challenges To Recognizing And Conserving Cultural Landscapes In The United States, Brenda Barrett

ISCCL Scientific Symposia and Annual General Meetings // Symposiums scientifiques et assemblées générales annuelles de l'ISCCL // Simposios científicos yy las Asambleas Generales Anuales

Cultural Landscapes have come late to the game in the US government’s historic preservation policy schemes. While the US National Park Service (NPS) established a documentation program - the Historic American Landscapes, landscapes are not specifically identified as a historic resource type to be recognized and protected by any of the existing statutory frameworks. In 2013 the NPS cultural resource leadership sought to remedy this deficiency by undertaking an extensive study, the National Register Landscape Initiative, with the goal of proposing legislative changes to the National Historic Preservation Act. Cultural landscapes would be added as a distinct property type to …

Roadblocks To Access: Perceptions Of Law And Socioeconomic Problems In South Africa, Kira Tait

Doctoral Dissertations

My dissertation explores ordinary Black South Africans' perceptions of the law and how these perceptions impact their views of the desirability and appropriateness of appealing to courts when they have problems accessing constitutionally guaranteed services. Specifically, I study why people choose not to use courts to secure access to water, healthcare, education, and housing when it is both legal and possible to do so. Since it transitioned to democracy, South Africa has become one of the leaders of socioeconomic rights protection through courts. It is globally recognized for its progressive constitution buttressed by an expansive system of rights and a …

Enforcing Higher Standards For Flood Hazard Mitigation In Vermont, Tamsin Flanders

Masters Theses

The state of Vermont faces increasing risk of costly damage from catastrophic flooding events as climate change increases the frequency of heavy rains and cumulative precipitation. In addition to increasing flood inundation risk, extreme precipitation events are leading to high rates damage from fluvial erosion—erosion caused by the force of floodwater and the materials it carries. As in all U.S. states, flood hazard governance in Vermont is shared by multiple levels of government and involves a complex compliance model that relies on local governments to regulate private property owners to achieve community, state, or federal goals.

To encourage municipalities to …

Kofifi/Covfefe: How The Costumes Of "Sophiatown" Bring 1950s South Africa To Western Massachusetts In 2020, Emma Hollows

Masters Theses

This thesis paper reflects upon the costume design process taken by Emma Hollows to produce a realist production of the Junction Avenue Theatre Company’s musical Sophiatown at the Augusta Savage Gallery at the University of Massachusetts in May 2020. Sophiatown follows a household forcibly removed from their homes by the Native Resettlement Act of 1954 amid apartheid in South Africa. The paper discusses her attempts as a costume designer to strike a balance between replicating history and making artistic changes for theatre, while always striving to create believable characters.

The Art Of Not Seeing: The Immigration And Naturalization Service’S Failed Search For Nazi Collaborators In The United States, 1945-1979, Jeffrey Davis

Masters Theses

From 1945 to 1979, the Immigration and Naturalization Service was responsible for identifying and prosecuting Nazi collaborators and potential war criminals in the United States. It failed in this task for a number of reasons. The first of these was that the agency was severely disorganized and mismanaged. Reliance on interagency cooperation, lack of manpower and resources, and lack of institutional support for “Nazi hunters” posed further problems. Morale crises among employees and the legal difficulties of actually prosecuting Nazi collaborators also hampered the agency’s effectiveness. Most importantly, the agency was overwhelmingly focused on policing the southern border and preventing …

Markov Decision Process Approach To Strategize National Breast Cancer Screening Policy In Data-Limited Settings, Vijeta Deshpande

Masters Theses

Early diagnosis is a promising strategy to reduce premature mortalities and for optimal use of resources. But the absence of mathematical models specific to the data settings in LMIC’s impedes the construction of economic analysis necessary for decision-makers in the development of cancer control programs. This thesis presents a new methodology for parameterizing the natural history model of breast cancer based on data availabilities in low and middle income countries, and formulation of a control optimization problem to find the optimal screening schedule for mammography screening, solved using dynamic programming. As harms and benefits are known to increase with the …

Kc 1.2: Rights-Based Approaches In Rural Heritage - Principles And Practice, Bente Mathisen, Ave Paulus, Grainne Shaffrey, Gurmeet Sangha Rai, Riin Alatalu

ISCCL Scientific Symposia and Annual General Meetings // Symposiums scientifiques et assemblées générales annuelles de l'ISCCL // Simposios científicos yy las Asambleas Generales Anuales

The „Our Common Dignity Initiative “ working group (OCD- RBA WG) started as an ICOMOS initiative in 2007 and expanded in 2011 as cooperation for the Advisory Bodies to the World Heritage Convention (ICCROM, ICOMOS, IUCN) under the coordination by ICOMOS Norway. It deals with the Rights-Based Approaches (RBA) in World Heritage management. ICOMOS has taken important initiatives over the last decade to respect, protect and fulfil the rights to culture for individuals and communities by including RBA in its work, through its Ethical Principles and the Our Common Dignity Initiative. In celebration of the 70th anniversary of the Universal …

Fair Use, Laura Quilter

New England Copyright Boot Camp

No abstract provided.

Open Access, Nonexclusive Licensing, Author Rights, Kyle K. Courtney, Laura Quilter

New England Copyright Boot Camp

An overview of copyright in relation to author contracts, a hands-on exercise reviewing an author publication agreement, and pointers about talking with authors about their publication agreements.

Also includes an overview of Creative Commons licensing and how open access policies can change the copyright default for authors and provide a legal mechanism for institutions to share author works.

The Abandoned Shipwrecks Act In Florida, Tyler Wolanin

School of Public Policy Capstones

The Abandoned Shipwrecks Act is a 1988 federal law that grants states jurisdiction over abandoned shipwrecks in their territorial waters. The intention of the law is to allow states to form historic preservation regimes to protect historic shipwrecks from looters and salvagers. One of the most important beneficiaries of this law is the state of Florida, with the longest coastline in the continental United States and a history of attempts to protect historic shipwrecks.

This law has been criticized since inception for removing the profit incentive for salvors to discover new shipwrecks. The Act has been subjected to a considerable …

From Planning To Passing: The Amherst, Massachusetts Plastic Bag Ban, Kevin J. Hollerbach

Student Showcase

This case study will detail the background and influences for a plastic bag ban in the town of Amherst, outline the steps taken from planning to passage, and address roadblocks and missteps that may be avoided with the implementation of future bans. It is my hope that this document will not only serve as a guide, but also an inspiration for additional local action in Massachusetts and across the country. No matter what the national political climate or attitude towards environmental issues, local action is always possible, and change is usually easier than you think. Think globally, act locally!

Examining The Civil-Military Divide Through New (Institutional) Lenses: The Influence Of The Supreme Court, Allen Linken

Doctoral Dissertations

Civil-military relations have existed for as long as there has been a military, but only in the last sixty years has research in the field began to examine the relationships between civilian elites and the military. Who controls the military? What level of influence by the military is acceptable in a liberal society, such as the United States? What is the appropriate role of the military? Who serves in the military? What pattern of civil-military relations best ensures the effectiveness of the military instrument? The study of these questions began with examining relationships between the military and the President, and …

Rights In Property And Property In Rights: Privacy, Contract And Ownership Of The Body In Anglo-American Political And Constitutional Thought, Gary L. Garrison

Doctoral Dissertations

This dissertation examines the history of the idea that people possess property rights in their own bodies. I also argue such rights are an alternative foundation on which to base the right to privacy recognized by the Supreme Court in 1965. The Court found privacy to exist in an admittedly nebulous "penumbras formed by emanations" from other parts of the Bill of Rights. I argue that privacy can be grounded on property rights as well.many founders, Madison asserted property rights in bodies of others (slaves) and similar ownership interests in wives and children. Modern notions of property are far more …

Georgia State E-Reserves Case, Laura Quilter

Laura Quilter

No abstract provided.

1b Copyright Hypotheticals, Laura Quilter

New England Copyright Boot Camp

Copyright Boot Camp Day 1: Foundational Copyright

Copyright Basics. What is copyrightable? What rights does copyright cover (what’s a derivative work)?

This list of situations provides assessment and discussion around basic copyright with case studies.

1a Copyright Boot Camp Agenda, Laura Quilter

New England Copyright Boot Camp

This fall, ACRL New England’s Scholarly Communication Interest Group is offering both a one- or two-day copyright workshop, in two different locations, taught by the New England Copyright Crew (NECC)! NECC includes Laura Quilter (Copyright and Information Policy Librarian, UMass Amherst), who spearheaded this approach last year at UMass, Kyle Courtney (Copyright Advisor, Harvard University), Ellen Finnie Duranceau (Program Manager, Scholarly Publishing, Copyright & Licensing, MIT Libraries), and Joan Emmet (Licensing & Copyright Librarian, Yale University).

Those who are already familiar with "Foundational Copyright" topics may elect to attend only the second day; others may wish to attend only the …

2d Scholarly Communication Issues & Library License Negotiation, Ellen Finnie

New England Copyright Boot Camp

Advanced Topics : Licensing, Negotiation, and Scholarly Communication (Dec. 2 Boston, Dec. 16 Amherst)

Ellen Finnie, MIT – Negotiation methods and theory & introducing Scholarly Communication issues into library content licenses. Includes a hands-on exercise using “principled negotiation” to engage with a vendor on adding scholarly communication-related supports to a license.

2j Wiley-Blackwell Agreement (Sample Contract), Laura Quilter

New England Copyright Boot Camp

Advanced Topics : Licensing, Negotiation, and Scholarly Communication (Dec. 2 Boston, Dec. 16 Amherst)

Laura Quilter, UMass - Authors & Scholarly Communication. Includes an overview of copyright in relation to author contracts, a hands-on exercise reviewing an author publication agreement, and pointers about talking with authors about their publication agreements.

This is a sample copyright transfer agreement from Wiley-Blackwell used for teaching purposes.

2b Copyright Workshop Agenda Session 2, Laura Quilter

New England Copyright Boot Camp

This is the agenda for Day 2 of the Copyright Boot Camp.

Advanced Topics : Licensing, Negotiation, and Scholarly Communication (Dec. 2 Boston, Dec. 16 Amherst)

2e Licensing Electronic Resources: Spotting Issues In E-Content Licenses, Joan M. Emmet

New England Copyright Boot Camp

Foundational Copyright (Dec. 1 Boston; Dec. 15 Amherst)

Joan Emmet, Yale - Library Licensing: An overview of contracts for library content; hands-on exercise learning to spot key Issues that should be negotiated.

2c Negotiation Methods And Theory, Ellen Finnie

New England Copyright Boot Camp

Advanced Topics : Licensing, Negotiation, and Scholarly Communication (Dec. 2 Boston, Dec. 16 Amherst)

Ellen Finnie, MIT – Negotiation methods and theory & introducing Scholarly Communication issues into library content licenses. Includes a hands-on exercise using “principled negotiation” to engage with a vendor on adding scholarly communication-related supports to a license.

1d U.S. Copyright Law: An Index, Laura Quilter

New England Copyright Boot Camp

Foundational Copyright (Dec. 1 Boston; Dec. 15 Amherst)

This is an index of important materials and US Code, Title 17. It is a useful resource for those looking at copyright law.

1g 92 F.Supp.2d 349 (S.D.N.Y. 2000), Laura Quilter

New England Copyright Boot Camp

UMG RECORDINGS, INC., Sony Music Entertainment Inc., Warner Bros. Records Inc., Arista Records Inc., Atlantic Recordings Corp., BMG Music d/b/a The RCA Records Label, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, and Sire Records Group Inc., Plaintiffs, v. MP3.COM, INC., Defendant. No. 00 Civ. 472(JSR). United States District Court, S.D. New York. May 4, 2000.

Cite as 92 F.Supp.2d 349 (S.D.N.Y. 2000)

Owners of copyrights in musical recordings sued Internet company, which made MP3 files of recordings available to its subscribers, for infringement. On plaintiffs’ motion for partial summary judgment, the District Court, Rakoff, J., held that defendant’s …

2i Negotiating Author Agreements, Laura Quilter

New England Copyright Boot Camp

Advanced Topics : Licensing, Negotiation, and Scholarly Communication (Dec. 2 Boston, Dec. 16 Amherst)

Laura Quilter, UMass - Authors & Scholarly Communication. Includes an overview of copyright in relation to author contracts, a hands-on exercise reviewing an author publication agreement, and pointers about talking with authors about their publication agreements.