Law Commons^™

Exploring Possibility Under Constraint: A Human Rights Approach To Higher Education In Connecticut’S Prisons And Jails, Emma Hersom

Senior Theses and Projects

This thesis investigates the landscape of higher education in prison (HEP) programs in Connecticut, aiming to evaluate their efficacy in ensuring a genuine right to education for incarcerated individuals. Through a comprehensive exploration grounded in human rights principles and informed by abolitionist perspectives, the research scrutinizes the availability, accessibility, acceptability, and adaptability of these programs. Drawing on insights from incarcerated students, program leaders, and existing scholarship, it delves into the intersection of education and incarceration, challenging prevailing neoliberal narratives. Furthermore, the thesis proposes actionable strategies for everyday abolition, emphasizing the need to dismantle carceral cultures and foster transformative approaches to …

The Politics Of Gender Affirming Healthcare: A New Battleground For Morality Policy?, Reaves Robinson

Political Science Undergraduate Honors Theses

Morality policy as a discipline saw its peak during the transformative years at the turn of the 21^st century; however, there has been very little scholarship to follow new social policy issues that have arisen in the past two decades. Anti-transgender policy, specifically, can be considered under the morality policy scope following years of LGBTQ+ scholarship that fell under the morality policy umbrella. In 2023 alone, more than 200 pieces of anti-transgender legislation were introduced in state legislatures across the nation. A trend among the increasingly popular policy realm can be seen from gender affirming healthcare bans, where almost …

Parity In Higher Education In Prison Programs: Does It Exist?, Michael Lee Griggs, Vianey Luna

Electronic Theses, Projects, and Dissertations

The expansion of college-in-prison (CIP) programs, especially in California, where incarcerated college enrollment increased from 11,472 students to over 15,000 in two years, has spotlighted higher education for incarcerated individuals. This increase, supported by legislation that expands funding for CIP programs and allows time off sentences for successful course/degree completion, is further bolstered by the restoration of Federal Pell funding for incarcerated students after a 28-year ban. Despite the acknowledged benefits of CIP programs in reducing recidivism and enhancing post-release outcomes, existing research highlights the need for additional exploration into the quality of CIP programs. Senate Bill 416 further emphasizes …

Child Maltreatment Primary Prevention Methods In The U.S.: A Systematic Review Of Recent Studies, Maria Godoy-Murillo

Electronic Theses, Projects, and Dissertations

Background: Child maltreatment remains a widespread issue in the United States of America, (U.S.). Identifying effective methods of preventing child maltreatment is key to reducing the prevalence of this issue. Objective: This systematic review provides an overview of contemporary primary child maltreatment prevention methods in the U.S. to investigate their effectiveness. Methods: Using the OneSearch database, the following keywords were included: (“prevention methods” and “child maltreatment”), (“parental leave” and “child maltreatment”), (“primary prevention” and “child maltreatment”), (WIC and “child maltreatment”), (“home visit” and “child maltreatment”), (“child abuse and neglect” and “primary prevention”), (“affordable housing” and prevention and “child maltreatment”), (“early …

A Case For Abolition: Analyzing The Death Penalty In The United States, Abigail E. Nick

Senior Theses and Projects

This thesis delves into the multifaceted debate surrounding the death penalty in the United States, exploring its constitutionality, morality, and implications for the justice system. Drawing from legal, philosophical, and empirical analyses, it argues against the continued practice of capital punishment, contending that it violates fundamental human rights, inhibits rehabilitation efforts, and fails to align with evolving societal norms. The discussion navigates through historical contexts, international perspectives, and philosophical theories of punishment, examining the right to life, methods of punishment, and evolving standards of decency. It underscores the tension between retributive justice and the protection of human rights, highlighting the …

The Sentiments Of Drag Performers On Anti-Drag Legislation: A Thematic Analysis, Brian D. Briggs

Senior Theses

Since 2022, at least 21 states have considered, filed, or passed legislation with the goal of banning or limiting drag performances in public spaces or in the presence of minors. These pieces of legislation seek to suppress drag performances on the grounds that they appeal to sexual interests, and they even go as far as to claim that drag performers aim to groom and assault children at their performances. These claims are baseless and vastly misrepresent the true breadth of drag as a performance art and the positive messages it promotes, as well as suggest that bias against the LGBTQ+ …

The Relationship Between The Law Of Treaties And The Law Of State Responsibility With Reference To Non-Performance Of Treaty, Oluwateniola Akinbodewa Solape

Theses and Dissertations

The crisis of non-performance of international treaties in international law constitutes a fundamental challenge to the main foundation of international law, which ought not to be ignored. With treaty being a key source of international law, is it expedient that we pay attention to non-performance of treaty obligations, less we undermine the integrity of international law. Enforcing the performance of international treaties can be challenging due to the decentralized nature of the international legal system and the principles of state sovereignty. The law of treaties by itself doesn’t seem to provide much forum for responsibility for non-performance of treaties and …

Rethinking Female Genital Cutting Through Postcolonial Lens, Erika Carvalho

Theses and Dissertations

Due to global instabilities, the resulting international displacement and rising inter- cultural tensions within Western societies have relocated gendered cultural practicesat the center of contemporary debates on multiculturalism, social cohesion and migration. In this context, female genital cutting (FGC) has re-emerged as a symbol of savagery, portrayed as a symbol of “otherness”, a true global violation of women’s rights. While the increasing attention given to these practices is a testament to reinvigorated feminist activism, FGC has also been harnessed for the purposes of reproducing colonial discourses about the “Third World”, which have been integral to the revival of many policies …

Rethinking Female Genital Cutting Through Postcolonial Lens, Erika Carvalho

Theses and Dissertations

Due to global instabilities, the resulting international displacement and rising inter- cultural tensions within Western societies have relocated gendered cultural practices at the center of contemporary debates on multiculturalism, social cohesion and migration. In this context, female genital cutting (FGC) has re-emerged as a symbol of savagery, portrayed as a symbol of “otherness”, a true global violation of women’s rights. While the increasing attention given to these practices is a testament to reinvigorated feminist activism, FGC has also been harnessed for the purposes of reproducing colonial discourses about the “Third World”, which have been integral to the revival of many …

Migrant Children And Legislation: Integrating Knowledge About Trauma Into Policy, Yolennys E. Albornoz

Dissertations, Theses, and Capstone Projects

This study seeks to integrate some knowledge about trauma into migration policies in the U.S. regarding children. Migration is not a novel concept; it is a dynamic phenomenon that experiences continuous changes and constantly increases in numbers. Globally, the United States has been the primary destination for foreign migrants for a long time, and most of them are Latinos who cross the U.S. and Mexico border. Here, I explore how children face trauma in their home country, which forces them to migrate. Also, while they migrate and after they have migrated, exposing the three stages of trauma for migrant children. …

Containerization Of Seafarers In The International Shipping Industry: Contemporary Seamanship, Maritime Social Infrastructures, And Mobility Politics Of Global Logistics, Liang Wu

Dissertations, Theses, and Capstone Projects

This dissertation discusses the mobility politics of container shipping and argues that technological development, political-economic order, and social infrastructure co-produce one another. Containerization, the use of standardized containers to carry cargo across modes of transportation that is said to have revolutionized and globalized international trade since the late 1950s, has served to expand and extend the power of international coalitions of states and corporations to control the movements of commodities (shipments) and labor (seafarers). The advent and development of containerization was driven by a sociotechnical imaginary and international social contract of seamless shipping and cargo flows. In practice, this liberal, …

Lineamientos De Política Educativa Intercultural: Aportes Críticos Desde La Diversidad Estudiantil Indígena En La Educación Superior Convencional En Colombia, Ana María Núñez Henao

Doctorado en Educación y Sociedad

El preámbulo de la Carta Constitucional colombiana de 1991 reconoce que un componente esencial del territorio nacional es la diversidad y, en este orden de ideas, conceptos como la pluralidad étnica, religiosa, de costumbres, tradiciones y formas de vida de la población deben ser transversales en los diversos procesos de desarrollo de la sociedad. No obstante, a pesar de este reconocimiento en el caso de las Instituciones de Educación Superior (IES) se viene presentando una falencia ya que se ha perpetuado la exclusión de las comunidades indígenas al no incorporar en sus planes de estudio la perspectiva intercultural, aduciendo la …

Child Rights: The Prevalence Child Abuse And Neglect In The Nigerian Family Context, Chiluba Kosidinma Edo

Theses and Dissertations

Child abuse and neglect is an international enemy of child development. Around the world, child abuse and neglect are said to account for child mortality. The warning signs of child abuse and neglect are not always obvious. Child abuse, which is multi-faceted, includes exploitation, physical and sexual abuse, neglect, and emotional abuse. Specifically, child maltreatment constitutes neglect and all shades of abuse and exploitation, which result in actual or potential harm to the child’s health, continued existence, development, or dignity in the context of a relationship among others. Every existing society is made up of children who are seen as …

Investigating The Relationship Between Foster Care And Sex Trafficking: What Factors Are Maintaining The Cycle Of Abuse, Shannon M. Budgell

Student Theses

Sex trafficking is a global crime and human rights issue that benefits abusers at the detriment of vulnerable groups, including children involved in the United States welfare system. This meta-synthesis explored the risk factors present within the United States foster care system that expose children to potential victimization. Using qualitative research, the purpose of this study was to review sex trafficking exploitation and analyze the current policies creating this vulnerability in the nation’s child welfare services. Upon completing a systematic literature search, nine studies were included by meeting the following criteria: qualitative or quantitative research studies published in English any …

Mitigating Sex Trafficking: Preventative Methods For Reducing Sexual Exploitation, Autumn Rain Monroe

University Honors Theses

In recent years, sex trafficking has become more well-known in the public sphere, generating activism and legislation in an effort to combat this human rights issue. With this increased awareness comes challenges in appropriately understanding sex trafficking. The general public and even lawmakers often do not understand the complete dynamic or complexities of sex trafficking. Definitional inconsistencies make it difficult to provide a universal definition of sex trafficking, contributing to misconceptions involving the methods of entry and the barriers to exiting. Ultimately, this prevents proper identification of victims, hinders the protection of victims, and the implementation of survivor-oriented legislation, meaning …

Politics Of Refusal: Justice And Liberation For Black Trans Lives, Quincy Smith

Dissertations, Theses, and Capstone Projects

This thesis investigates the challenges faced by Black trans people. In this thesis, I will explore how protest is used to highlight and confront the obstacles faced by the Black trans community. I will also examine the cultural work of Black trans people and what they teach us. The Brooklyn Liberation march and the TV show Pose is an important part of Black trans legacy. They both look at the complications surrounding Black trans lives and contributes to Black trans representation in protesting and fighting marginalization. This thesis will argue the importance of allyship to create safe space for Black …

Direito, Saneamento E Sustentabilidade: Uma Análise Comparativa Entre Municípios Do Estado De Santa Catarina, Brasil, E Da Província De Ontário, Canadá À Luz Dos Objetivos Do Desenvolvimento Sustentável 6 E 11, Claudio Antonio Klaus Junior

University of the Pacific, McGeorge School of Law Dissertations

The relevance of sanitation and sustainability is manifested in the promotion of public health, improvement of quality of life, and ensuring access to basic services as essential human rights. The comparative analysis between the cities of Caçador, Videira, and Concórdia, in Santa Catarina, in Brasil, and Sault Ste. Marie, Thunder Bay, North Bay, Chatham-Kent, Woodstock, and Kenora, in Ontário, in Canadá, allows for the identification of differences and similarities in sanitation systems, understanding of challenges and opportunities, and consequently, the foundation for effective public policies aimed at improving access to sanitation. The present study aims to analyze the situation of …

The Fall And Rise Of Bengali Muslim Conciousness: Conceptualising The Identity Of The Bangla Universal, Habib Khan

Theses and Dissertations

The emergence of modern-nation states saw the end of the empirical era of exploitation and exercise of inherent racist tendencies towards the 'other'. However, the effect of that colonial system is still ever-present in the creation and governance of these newly independent states. While every new state aims to be 'modern', they adopt the international legal framework of the West as their own - a system they had initially wanted to escape. The concept of Muslim universality in the form of the ummah should have freed Pakistan from the shackles of its former colonial masters. Instead, this phenomenon was replaced …

The Human Right To Development: Historical And Contemporary Linkages To Colonialism, Norman R. Kimber

Electronic Thesis and Dissertation Repository

This thesis concerns the Right to Development (the R2D), which was declared an inalienable human right by the United Nations General Assembly (UNGA) in the non-binding Declaration on the Right to Development (the DR2D) in 1986. It asserts that the R2D was not declared in a realizable manner, explaining the causes of identified doctrinal shortcomings. It explores the emergence of the R2D within the confluence of two post-1945 movements, being decolonization and the international human rights project, asserting that these movements were closely intertwined and substantively influenced by jurists from the Global South. The thesis then examines the political evolution …

Proportionality V. Categorization: The Issue Of Judicial Balancing Of Rights, Akram Mohamed

Theses and Dissertations

The fact that there is a constant conflict between individual rights and state or social interests has historically provoked the question of how to balance or harmonize such conflicting interests? On what basis shall the legislator or the judge decide in favor of this or that right in his legislation or judgement? Where shall we, for example, draw the line between the right to freedom of expression and the right to protect one’s honor and reputation? How could the legislator find the compromise between the state duty to protect fetus life and its obligation not to interfere with woman’s right …

A Critical-Inclusive Approach To Instructing On Genocide Education In The United States: Delivering An Equally Critical And Inclusive Approach To Professional Development, Cassidy S. Ernst

Master's Projects and Capstones

This paper presents a new approach to teaching the preconditions for genocide. Bringing together a number of theoretical insights from recent research, it focuses on the pedagogical value of a critical inclusive approach to genocide education. Such an approach incorporates persecuted groups commonly excluded from educational narratives, such as the experiences of homosexuals during the Holocaust. It also places genocide education within a wider framework focused on prevention and advocacy. Through utilizing a critical-inclusive approach to genocide education in the classroom, youth will be equipped with a stronger conception of genocide, genocidal ideologies, and measures that can be taken to …

Do College Students Have A Lack Of Awareness Around Human Trafficking?, Tessa Cavender

Undergraduate Honors Theses

Human Trafficking is an epidemic around the world, but if you ask the average person, they know little more than what is shown in media. To try to understand this, we asked the questions of whether college students also have a lack of awareness around trafficking, and if so, is education the best way to fix this? Our literature review found many professions, such as healthcare and K-12 education, are pushing for human trafficking curriculums to be implemented in their fields. To determine if this method would be effective on a college campus, five college students were interviewed to determine …

The Exigency And How To Improve And Implement International Humanitarian Legislations More Advantageously In Times Of Both Cyber-Warfare And Cyberspace, Shawn J. Lalman

Doctoral Dissertations and Master's Theses

This study provides a synopsis of the following topics: the prospective limiters levied on cyber-warfare by present–day international legislation; significant complexities and contentions brought up in the rendering & utilization of International Humanitarian Legislation against cyber-warfare; feasible repercussions of cyber-warfare on humanitarian causes. It is also to be contended and outlined in this research study that non–state actors can be held accountable for breaches of international humanitarian legislation committed using cyber–ordnance if sufficient resources and skill are made available. It details the factors that prosecutors and investigators must take into account when organizing investigations into major breaches of humanitarian legislation …

How Activist Groups Use Human Rights Rhetoric In The Fight For Reproductive Rights And Abortion: The Cases Of The United States, Germany, And The Netherlands, Esme Ostrowitz-Levine

Senior Theses and Projects

Human rights advocates often argue their primary power is that claiming them and deploying human rights rhetoric adds legitimacy and authority to a cause. Yet our understanding of if, how, and why human rights language is used in the political struggle for equality is incomplete. In this thesis I examine the key question of the use of human rights rhetoric and claiming by activists and governmental actors via the struggle for reproductive rights, especially for access to abortion. Through a comparative case study of the United States, the Netherlands, and Germany, this paper finds that legislative bodies tend to utilize …

The Making And Unmaking Of Urban Citizenship In The Maspero Triangle, Nadine Abd El Razek

Theses and Dissertations

Cairo is undergoing a moment of sharpened exclusion and inclusion, with the city’s residents of informal settlements disproportionately experiencing displacement and abrupt interruptions to their social fabric to make way for investment opportunities. In pursuit of achieving the status of a global city, the Egyptian state has effectively widened its practice of structural violence, in order to accumulate capital through dispossession. In the process of doing so, the state has problematized the contested status of urban citizenship, disenfranchising the urban dwellers of Cairo from their right to the city. Following the temporal shifts in the negotiation for urban citizenship, the …

Invisibility And Dis-Identification Of Algerian Women: Feminist Jurisprudence Eyes On The Legal Provisions Related To Personal Status And Criminal, Sophia Lina Meziane

Theses and Dissertations

Much of the debate around women’s rights in legal systems focuses on the increase of protection as a legal mechanism for approaching and guaranteeing gender equality. Yet, what extensive or comprehensive analysis has been done on how effective such laws are when applied? This thesis discusses the extent to which a feminist legal theory, separate and distinct from the patriarchal legal system, can demonstrate how an Islamic or Napoleonic order is conceptually another male rationality. While one could possibly identify inefficiencies of laws proclaiming equality and protection for women, the context of the question is inevitably entrenched in the very …

Current International Legal Measures For The Protection Of Children Used In Armed Conflicts: Recommendations For The Resolution Of The Problem, Elliot Bibaje

Theses and Dissertations

War is not new; Armed Conflicts are not new. The use of Children in Armed Conflicts is not new. From Afghanistan, Syria, Yemen, Nigeria, Sudan, Democratic Republic of Congo (DCR) and the world over, children are being used in Armed Conflicts. These have led to crime, criminality, diseases, rape destruction of basic infrastructure, the eco system and future of the dead, living and unborn generation.

Despite International legal instruments put in place to curb the use of children in Armed conflicts, in the area International Human Rights and Humanitarian Law, Labor Law and International criminal Law, the use of children …

A Captive’S Subjectivity, Rebeca J. Blemur

Theses and Dissertations

The project discusses the effects of Haiti’s colonization as the space transitions from Hispaniola to Saint-Domingue and later to the free state of Haiti. This is done by studying the concept of the right to conquest and the absurdities that exist around the first appearances of international law. The project focuses on the pre-revolutionary period starting around the 1750s, the revolutionary period that began in the 1790s, the French oligarchical class’s attempt for social equality, and the war for ultimate colonial conquest between the French, Spanish, and British. The project will display how legally objectifying a human being manifests subjects …

The Murder Of George Floyd: A Case Study Examining How The Policing Of Black Men And Grassroots Activism Influence The Will Of Black Women To Lead, Ella Gates-Mahmoud

Doctorate in Education

This study's objective investigates the viewpoints held by Black women in two urban areas of Minnesota about the social upheaval that followed the murder of George Floyd in 2020 for using a counterfeit $20 bill. In the last decade, police killings of innocent Black people in the United States have received more attention, and Floyd's death is only one example of this phenomenon. In the U.S., the likelihood of a police officer taking the life of a Black man is higher than that of a White man. Between 2013-2019 there have been 1,641 fatal shootings of defenseless Black men by …

Comprensiones Normativas Del Derecho A La Sexualidad En Jóvenes Con Síndrome De Down, Luz Viviana Arcos Hernández, Catalina González Salinas, Luisa Fernanda Ángel Fontecha

Trabajo Social

Desde la década de 1960 la educación sexual ha venido tomando fuerza en la sociedad colombiana, desarrollándose en varias políticas, debates y problematizaciones, actualmente sigue siendo un olvido estatal e institucional. En algunas poblaciones se ha retomado el tema, en esta oportunidad destacamos las iniciativas educativas de algunas familias dispuestas a difundir conocimientos en jóvenes con Síndrome de Down (SD), retomando experiencias y saberes desde las madres integrantes de la “Organización ASDOWN”, con ello articular la sexualidad como un derecho. La presente investigación busca comprender el sentido, alcance y limitación del marco normativo sobre el derecho al desarrollo sexual en …