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2019

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Full-Text Articles in Law

Kamala Harris And The Complexity Of Racial Identity Politics, Vinay Harpalani Dec 2019

Kamala Harris And The Complexity Of Racial Identity Politics, Vinay Harpalani

Faculty Scholarship

Vinay Harpalani reviews Kamala Harris' run as Democratic nominee for President, contrasting her challenges with Barak Obama's campaign to show how racial identity politics are complicated and constantly evolving as well as the intersectional, or multifaceted, issues Kamala faced during her candidacy.


Christianity And Bankruptcy, David A. Skeel Jr. Dec 2019

Christianity And Bankruptcy, David A. Skeel Jr.

All Faculty Scholarship

Although the term “bankruptcy” is nowhere to be found in the Bible, debt and the consequences of default are a major theme both in the Hebrew Bible and in the New Testament. In Israel, as in the ancient Near East generally, a debtor who defaulted on his obligations was often sold into slavery or servitude. Biblical law moderated the harshness of this system by prohibiting Israelites from charging interest on loans to one another, thus diminishing the risk of default, and by requiring the release of slaves after seven years of service. Jesus alluded to the lending laws at least …


Introduction, Loretta Price Dec 2019

Introduction, Loretta Price

College of Law Library History

This introduction is written by M. Loretta Price, Collection Management Department Head and Associate Professor at the University of Tennessee College of Law


Racial Prejudice In The Criminal Justice System, Tori Cooper Dec 2019

Racial Prejudice In The Criminal Justice System, Tori Cooper

Jessie O'Kelly Freshman Essay Award

Racial prejudice against African Americans has been the leading cause of high incarceration rates amongst the African American community. Within the United States, the census reported that African Americans make up about 17.9 percent of the population, with one-third of the people making up the incarcerated population in America. The disparity in those numbers highlights the current situation that is plaguing the nation. Blatant cases of racial profiling that have received media attention are a true testament of the broken law enforcement system from coast to coast. Racial prejudice cases have affected the black American community since the beginning of …


Law Library Blog (December 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law Dec 2019

Law Library Blog (December 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Ua12/2/1 College Heights Herald, Vol. 95, No. 11 [13], Wku Student Affairs Nov 2019

Ua12/2/1 College Heights Herald, Vol. 95, No. 11 [13], Wku Student Affairs

WKU Archives Records

WKU campus newspaper reporting campus, athletic and Bowling Green, Kentucky news. This issue contains articles:

  • Chisenhall, Jeremy. WKU Deals Offer Chances to Study in China – Shaanxi Normal University
  • Collins, Michael. How DACA Rulings Could Affect WKU Students – Deferred Action for Childhood Arrivals
  • Stahl, Matt. WKU Basketball Records Request Heads to In-camera Review
  • Burris, Lily. 5 Questions with Dean Larry Snyder
  • Lamb, Cassady. Students Can Pay Back Library Fines in a New Way
  • Stack, Madalyn. Editorial Cartoon re: Freedom of the Press
  • Penalizing the Press – China
  • Mattison, Reed. On Ice – SoKY Ice Rink
  • Holland, Kelley. Folklore Class …


How U.S. Government Policy Documents Are Addressing The Increasing National Security Implications Of Artificial Intelligence, Bert Chapman Oct 2019

How U.S. Government Policy Documents Are Addressing The Increasing National Security Implications Of Artificial Intelligence, Bert Chapman

Libraries Faculty and Staff Presentations

Artificial intelligence is affecting many areas of our lives and governmental policy. National security is one arena in which artificial intelligence is playing an increasingly important and controversial role. U.S. Government and military agencies are producing a steadily expanding corpus of publicly available literature on this topic. This literature documents how these agencies have this topic's national security implications historically and currently while also addressing potentially emerging national security issues where artificial intelligence will intersect with national security. This presentation demonstrates examples of the growing variety of publicly available national security artificial intelligence literature while also addressing the implications of …


Gender-Based Experiences Of Migrant Smuggling At The Us-Mexico Border, Sarah E. Rinehart Oct 2019

Gender-Based Experiences Of Migrant Smuggling At The Us-Mexico Border, Sarah E. Rinehart

Student Publications

The US-Mexico border has been increasing its security measures, which has corresponded with increases in migration. Due to increasing restrictions on who is able to legally migrate, many turn to irregular migration, and the more effective way of achieving irregular migration is through use of a migrant facilitator. Migrant smugglers are individuals who receive compensated for assisting others in crossing a national border through illegal means. In discourses about irregular migration from the media and political, migrant smugglers are typically portrayed as criminalized men who take advantage of vulnerable, victimized women migrants. While the experiences of men and women migrants …


Not-So-Decriminalized: Consequences Of Intersectional Identity For Migrant Sex Workers In Switzerland, Teagan Langseth-Depaolis Oct 2019

Not-So-Decriminalized: Consequences Of Intersectional Identity For Migrant Sex Workers In Switzerland, Teagan Langseth-Depaolis

Independent Study Project (ISP) Collection

Sex work in Switzerland, which was decriminalized long ago, has been regarded as one of the most liberal systems of sex work in the world. However, this reputation is contested when factoring in the interaction between immigration and sex work policies. Migrant sex workers in Switzerland are put at a precarious intersection of decriminalized sex industry and restrictive migration policy and attitudes, and are not addressed or protected from violations of the law or violations of their human rights. Using databases containing Swiss legislation, I will critically examine the intersectional effects of migration policy and the treatment of migrants on …


“Not Yet A Priority:” The Intersectional Exploration Of Labor Market Access For People With Disabilities, Anona Neal Oct 2019

“Not Yet A Priority:” The Intersectional Exploration Of Labor Market Access For People With Disabilities, Anona Neal

Independent Study Project (ISP) Collection

Approximately one in four families in Morocco are affected by disability. Of those affected by disability, many are in vulnerable situations, because there is an explicit linkage between having a disability and likelihood of experiencing poverty. The primary reasons for this phenomenon include lack of access to education, employment and health care. Following the Arab Spring, the Moroccan government implemented Article 166 which explicitly banned workplace discrimination against people with disabilities (PWD); however, only 13% of those affected by disability of working age can find employment. In this paper, I investigate the obstacles PWD face that prevent them from accessing …


Barriers Between Effective Transnational Changemaking: Relationships Between Ingos And Moroccan Ngos, Julia Walters Oct 2019

Barriers Between Effective Transnational Changemaking: Relationships Between Ingos And Moroccan Ngos, Julia Walters

Independent Study Project (ISP) Collection

This paper seeks to explore the relationships held between international non-governmental organizations, primarily based in the West, and Moroccan NGOs. The existing literature on the topic explores the ways in which international NGOs can both benefit and harm domestic NGOs, which seek to fix issues not thoroughly addressed and solved by the state or by the market, such as issues of gender-based violence, female education, and lack of rural healthcare. The data gathered was organized into two types of relationships; financial and non-financial. Financial relationships between INGOs and NGOs were often depicted as crucial in enabling critical projects, such as …


Pensaba Que Te Había Olvidado: El Daño Duradero De La Trauma Que Viene De Tortura En La Dictadura Chilena, Antonia Mcdonnell Capossela Oct 2019

Pensaba Que Te Había Olvidado: El Daño Duradero De La Trauma Que Viene De Tortura En La Dictadura Chilena, Antonia Mcdonnell Capossela

Independent Study Project (ISP) Collection

Research question: Is there a more useful model to characterize the torture that was implemented in Chile using the context of theory and history to establish an in-depth understanding of the symptomology and effects of the experience of torture survivors?

Objective: The general objective of this study is to establish the origin of the methods of torture used during the Pinochet dictatorship and use these results to suggest a model of reparations that is more wholistic. The specific objectives are to understand the intervention and instruction by the CIA in Chile, to study the testimonies of torture during the dictatorship …


“Para Nunca Más Vivirlo, Nunca Más Negarlo”: El Legado De Violencia Sexual Durante La Dictadura, Isabel De La Torre Oct 2019

“Para Nunca Más Vivirlo, Nunca Más Negarlo”: El Legado De Violencia Sexual Durante La Dictadura, Isabel De La Torre

Independent Study Project (ISP) Collection

Research Question: What are the mental health effects of sexual political violence against women during the dictatorship and during the current socio-political movement?

Objectives: The general objective of this study is to identify how sexual political violence has been used in Chile against women and to analyze its consequences on the mental health of survivors. More specifically, this study attempts to investigate the mechanisms sexual political torture during the dictatorship and now, visibilize the unique damages to mental health caused by this type of violence, and analyze the dictatorial legacy in regards to sexual violence and the current socio-political climate. …


The Transformative Potential Of High-Level Gender Equality: The Relationship Between Gendered Laws And Perceptions In Rwanda, Elena Ortiz Oct 2019

The Transformative Potential Of High-Level Gender Equality: The Relationship Between Gendered Laws And Perceptions In Rwanda, Elena Ortiz

Independent Study Project (ISP) Collection

As part of its reconstruction process following the 1994 genocide against the Tutsi, Rwanda introduced several laws and policies protecting gender equality, which stood it stark contrast to traditional patriarchal norms and structures. This study focuses on the relationship between institutional gender reform and local perceptions. Specifically, it seeks to explore the extent to which perceptions around gender have caught up to legal changes and identify where the greatest gaps exist across political, social, and economic dimensions. Data collection occurred in two parts: quantitatively, a multiple-choice survey was distributed to 76 Rwandan adults investigating their perceptions of gender in political, …


Law Versus Action: How Five Cape Town Organizations Are Combating High Rates Of Sexual Assault And The Failure Of Progressive Sexual Offences Legislation, Anna Tinker Oct 2019

Law Versus Action: How Five Cape Town Organizations Are Combating High Rates Of Sexual Assault And The Failure Of Progressive Sexual Offences Legislation, Anna Tinker

Independent Study Project (ISP) Collection

This Independent Study Project (ISP) seeks to understand the work various Cape Town organizations are doing to help survivors of sexual assault gain access to justice. Previous research finds that social norms defining masculinity as well as rape myths and stereotypes lead to the high levels of gender-based violence (GBV) in South Africa. This research led to my hypothesis that organizations fighting GBV would target these norms to help survivors access the justice system that so frequently ignores them. Eight organizations were contacted requesting an interview to discuss their work and two agreed to participate. Participants were asked to discuss …


Lived Experiences Of Temporary Permanence: The Syrian Perspective On Humanitarian Response And ‘Guest Status’ In Jordan, Leila A. Ismaio Oct 2019

Lived Experiences Of Temporary Permanence: The Syrian Perspective On Humanitarian Response And ‘Guest Status’ In Jordan, Leila A. Ismaio

Independent Study Project (ISP) Collection

As the conflict in Syria has evolved into a long-term crisis, Syrian refugees have found themselves in a state of both temporality and permanence, frequently cited as being ‘stuck’. Syrians in Jordan, particularly, have fallen victim to this status, frequently labeled as ‘guests’, with corresponding humanitarian aid also reflecting this temporality. No studies have yet explored Syrian refugees perceptions and experiences with ‘guest’ status and its relationship with humanitarian assistance. The purpose of this study is to explore Syrian perception of ‘guest’ status and current humanitarian efforts in Jordan and see how this demonstrates and challenges the dichotomy present in …


The Middle Ground: A Comparative Study On Mexico And Morocco As Transit And Forthcoming Host Nations, Christina Sarai Roca Oct 2019

The Middle Ground: A Comparative Study On Mexico And Morocco As Transit And Forthcoming Host Nations, Christina Sarai Roca

Independent Study Project (ISP) Collection

Migration has always existed but has increased with globalization as societies are becoming more interconnected through different mediums, surging the larger scale of movement between borders and the increasing inequalities in wealth between nations. As transit countries, Mexico and Morocco function as nations seen receiving migrants in transit to their countries of destinations. Central American migrants and migrants from the South-of-the-Sahara are two prominent migrant populations in Mexico and Morocco for many years, but due to the increased political discourse, legislation, and increased enforcement at these border regions, these migrants find themselves remaining for extended periods or even settling permanently …


Checking A Box Or Creating Change? Examining The Overall State Of Gender Mainstreaming In Humanitarian Action, Jenna Thoretz Oct 2019

Checking A Box Or Creating Change? Examining The Overall State Of Gender Mainstreaming In Humanitarian Action, Jenna Thoretz

Independent Study Project (ISP) Collection

Humanitarian organizations provide aid and assistance to millions of individuals impacted by natural disasters and armed conflict every day. However, not all individuals are equally impacted by humanitarian crises. Since the 1995 Beijing Conference on Women introduced the term ‘gender mainstreaming’, humanitarian organizations have recognized and taken steps to address gender specific needs in crisis situations.

While there is an abundance of research concerning these gender specific needs, there is little research on the overall state of gender mainstreaming in humanitarian policy. This paper seeks to fill this gap by examining gender mainstreaming in the humanitarian community through some of …


Terrorism And Its Legal Aftermath: The Limits On Freedom Of Expression In Canada’S Anti-Terrorism Act & National Security Act, Percy Sherwood Oct 2019

Terrorism And Its Legal Aftermath: The Limits On Freedom Of Expression In Canada’S Anti-Terrorism Act & National Security Act, Percy Sherwood

FIMS Publications

This analysis aims to demonstrate how s. 83.221 in Bill C-51 is likely to violate freedom of expression guaranteed under the Charter. The first section employs the two-step Irwin Toy analysis to show that the speech offense infringes upon s. 2(b) of the Charter. The second section uses the Oakes test to determine whether the breach of freedom of expression is a reasonable limit. On whether the speech offense can be justified under s. 1 of the Charter as a reasonable limit, the legislation fails at the third and fourth step of the Oakes test. Section three of this paper …


Los Efectos De La Minería En La Salud: El Movimiento Social Aymara En Torno Al Cerro Márquez, Maya Hajny Fernandez Oct 2019

Los Efectos De La Minería En La Salud: El Movimiento Social Aymara En Torno Al Cerro Márquez, Maya Hajny Fernandez

Independent Study Project (ISP) Collection

With the political and social state of Chile’s history, mining has been present for hundreds of years, affecting the land and the indigenous populations in the country. This study asked how mining in the town of Ticnamar would affect the community, what positive and negative results mining activity has, what the most important elements of the social movement against mining are and how all of these elements influence health. The study sought to learn and study the impact of and the motivations that mining could have in the community of Ticnamar, and how it is perceived by the community. More …


Privacidad Digital En Ecuador: El Papel De La Vigilancia, La Jurisprudencia Y Los Derechos Humanos, Giselle Valdez Oct 2019

Privacidad Digital En Ecuador: El Papel De La Vigilancia, La Jurisprudencia Y Los Derechos Humanos, Giselle Valdez

Independent Study Project (ISP) Collection

Este documento es un estudio de caso sobre la privacidad digital en Ecuador, cómo se protege y cómo se debe mejorar las protecciones. Comienzo presentando la falta de privacidad de la persona en Ecuador, a través de la reciente violación de datos y las tecnologías de vigilancia en todo el país desde China. Luego, para analizar la jurisprudencia y la falta de protección de la privacidad en la ley, hago la transición a un análisis legal de la privacidad de datos en Ecuador a través de la Constitución de 2008. Cuando establezco que falta privacidad digital en Ecuador, demuestro una …


Systems Of Crime And Castigation: A Reevaluation Of The Punishment Bureaucracy, Lia Pikus Oct 2019

Systems Of Crime And Castigation: A Reevaluation Of The Punishment Bureaucracy, Lia Pikus

Independent Study Project (ISP) Collection

Models of reform within the criminal justice system often operate from a top-down perspective, affecting change on surface levels to attempt to better the system. One example of such a reform is Scotland’s Presumption Against Short Sentences. These kinds of changes, as I will illustrate in this paper, both fall short of achieving genuine change and often produce negative side effects. However, a few countries have made deeper changes to the ways their systems both view and handle crime and punishment; one such system is Norway. Through rehabilitation and restorative justice, Norway has greatly decreased rates of recidivism, increased social …


The Role Of Local Communities In Preventing And Countering Violent Extremism (P/Cve) In Jordan, Anna Fraher Klingensmith Oct 2019

The Role Of Local Communities In Preventing And Countering Violent Extremism (P/Cve) In Jordan, Anna Fraher Klingensmith

Independent Study Project (ISP) Collection

Bordering Syria, Iraq, Saudi Arabia, and Israel/Palestine, with Lebanon not too far away, Jordan’s location makes it at high risk for violent extremism. Although Jordan is considered one of the safest countries in the Middle East and North Africa (MENA) region, the country is known for having one of the highest numbers of foreign fighters in the world, and for being the homeland of the father of ISIS (Abu Musab al-Zarqawi). Also worrisome is the increasing number of desperate people turning to extremist ideologies due to the country’s economic crisis and lack of opportunities for political engagement. Jordan could be …


Presidential Leadership In The Space Age, Ziv R. Carmi Oct 2019

Presidential Leadership In The Space Age, Ziv R. Carmi

Student Publications

Mankind’s quest to reach the moon consisted of many people in leadership positions. In the US, however, many of the decisions behind the space race, especially funding for it, were made by four men: Dwight D. Eisenhower, John F. Kennedy, Lyndon Baines Johnson, and Richard Nixon. While some presidents (namely Kennedy) receive more credit than others for their work on bringing man to the moon, each of them passed influential policy that was vital in the development of Apollo: Eisenhower founded NASA and began research on the Saturn V, Kennedy gave vision and urgency to the program, Johnson gave massive …


Third Time's The Charm: The History Of The Merger Between The University Of Louisville And Jefferson Schools Of Law, Marcus Walker Oct 2019

Third Time's The Charm: The History Of The Merger Between The University Of Louisville And Jefferson Schools Of Law, Marcus Walker

Faculty Scholarship

The daytime University of Louisville School of Law and evening Jefferson School of Law existed as separate programs from the latter school's founding in 1905 until their merger in 1950. This article highlights two earlier attempts at combining the legal programs and highlights some perhaps lesser-known details of the successful attempt that extend the history of the "Ben Washer School" a bit farther than it might otherwise seem.


Equal In His Sight: An Examination Of The Evolving Opinions On Race In The Life Of Jerry Falwell, Sr., Kathryn Legg Oct 2019

Equal In His Sight: An Examination Of The Evolving Opinions On Race In The Life Of Jerry Falwell, Sr., Kathryn Legg

Senior Honors Theses

The late Reverend Jerry Falwell, Sr., founder of Thomas Road Baptist Church and president of the Moral Majority, was a prominent figure in conservative politics beginning in the late 1970s. His opinions regarding preachers and politics changed throughout his life, as did his beliefs about race in America and the church. His views on race affected his preaching and political involvement, and in his later life he retracted from the segregationist beliefs he held at the beginning of his ministry. While Falwell’s prominent roles in the Religious Right and Moral Majority have previously been explored, this paper seeks to present …


Utilization Of Social Media In Giving Information Related To Activities And Performance Of Legislative Members (-A Case Study Of Women Legislative Members In The Aceh People's Representative Council (Dpra), Ainol Mardhiah, Dadang Rahmat Hidayat, Agus Rahmat, Nuryah Asri Sjafirah Sep 2019

Utilization Of Social Media In Giving Information Related To Activities And Performance Of Legislative Members (-A Case Study Of Women Legislative Members In The Aceh People's Representative Council (Dpra), Ainol Mardhiah, Dadang Rahmat Hidayat, Agus Rahmat, Nuryah Asri Sjafirah

Library Philosophy and Practice (e-journal)

The existence of communication media cannot be separated from everyday human life today. Social media provides extraordinary benefits for members of Aceh House of Representatives (DPRA) to get closer to its people. The use of social media to socialize the performance of board members, absorb aspirations and information from the public. The qualitative research method and the case study approach used in this study, this study intends to describe the use of social media in providing information related to the activities and performance of women legislative members in the DPRA in carrying out political communication in Aceh's local parliament. The …


Peace In The Home, Peace In The Nation: Conceptions Of Justice For Rural Women Of Northern Uganda, Jennifer Moore Sep 2019

Peace In The Home, Peace In The Nation: Conceptions Of Justice For Rural Women Of Northern Uganda, Jennifer Moore

Faculty Scholarship

UNM International Studies Institute Fall Lecture Series 2019 "Peacemaking In Africa"


Notoriously Ruthless: The Idolization Of Justice Ruth Bader Ginsburg, Lucille Moran Sep 2019

Notoriously Ruthless: The Idolization Of Justice Ruth Bader Ginsburg, Lucille Moran

Political Science Honors Projects

It is now a fixture of mainstream commentary in the United States that Supreme Court Justice Ruth Bader Ginsburg has become a popular idol on the political left. Yet, while Justice Ginsburg’s image and story has reached an unprecedented level of valorization and even commercialization, scholars have yet to give sustained attention to the phenomenon and to contextualize it: why has this idolization emerged within this context, and what is its impact? This paper situates her portrayal in the cultural imagination as the product of two political forces, namely partisanship and identity politics. Considering parallel scholarly discourses of reputation, celebrity, …


Dorothy R. Crockett Classroom Dedication September 10, 2019, Roger Williams University School Of Law, Lorraine Lalli, Bre'anna Metts-Nixon, Michael M. Bowden Sep 2019

Dorothy R. Crockett Classroom Dedication September 10, 2019, Roger Williams University School Of Law, Lorraine Lalli, Bre'anna Metts-Nixon, Michael M. Bowden

School of Law Conferences, Lectures & Events

No abstract provided.