Law Commons^™

Inside The Virtual Ambazonia: Separatism, Hate Speech , Disinformation And Diaspora In The Cameroonian Anglophone Crisis, Sombaye Eyango Jules Roger

Master's Theses

This study examines the dynamics of the anglophone separatist claims in Cameroon, the so-called “Anglophone Crisis”. I focus on explaining why the separatist claims reemerged in 2016 after being shut down for about 20 years. It explains how the Anglophone separatist revendications have sustained over time despite the extremely centralized power of the Paul Biya government.This paper first argues that the Anglophone Crisis is more than an identity struggle between Anglophone/Francophone Cameroonians, but rather a conflict about historical and institutional grievances, political competition, and regional politics involving the neighboring state of Nigeria.

Second, it verifies the hypothesis that the sustainability …

Cartographies Of Power: Unequal Urban Development And The Racialization Of Space In São Paulo, Jessica Hyman

Undergraduate Honors Theses

This work aims first and foremost to add to the literature on urban politics and race in Brazil. Where other scholars have not so explicitly addressed the ever present ideology of whiteness in regards to spatial organization and displacement in Brazil, this piece aims to do so. I build off of the work of past scholars in reinforcing that the belief in the racial democracy of Brazil is in fact a myth. I do so by illustrating the processes of the racialization of space that occur in São Paulo’s favelas and their development. The right to the city —a Brazilian …

A Study Of Six Nations Public Library: Rights And Access To Information, Alison Frayne

Electronic Thesis and Dissertation Repository

Contemporary Indigenous public libraries play a critical role in providing access to information in Indigenous communities. My research focuses on the relationship between rights and access to information for individuals and communities within the context of Indigenous public libraries. I use a qualitative case study methodology of the Six Nations Public Library (SNPL) in Ohsweken, Ontario, Canada. Interviews were conducted with SNPL patrons and library management and with off-reserve participants from government and library associations.

I analyse four themes, library governance, rights, library value and access to information, which are outcomes of the SNPL case study findings. This analysis reveals …

Feeling As Knowing: Trans Phenomenology And Epistemic Justice, B. Lee Aultman

Dissertations, Theses, and Capstone Projects

This dissertation is a critical intervention into the literatures on epistemic and phenomenological claims about trans experiences, and embodied knowledge more generally. It also addresses the conception of ordinary affects, or feelings of self-adjustment in everyday life, and their political implications for trans people. Traditional literatures on the political tend to avoid questions of embodiment and the experiences of everyday life in favor of institutional interpretations of courts, elections, and protest movements. This has become particularly true of scholarship on trans politics and theories of ordinary life. These literatures often reduce political movements to their presumed universal intentions for constitutional …

The Politics Of Wounds, Jonathan Nash

Electronic Thesis and Dissertation Repository

What configuration of strategies and discourses enable the white male and settler body politic to render itself as simultaneously wounded and invulnerable? I contextualize this question by reading the discursive continuities between Euro-America’s War on Terror post-9/11 and Algeria’s War for Independence. By interrogating political-philosophical responses to September 11, 2001 beside American rhetoric of a wounded nation, I argue that white nationalism, as a mode of settler colonialism, appropriates the discourses of political wounding to imagine and legitimize a narrative of white hurt and white victimhood; in effect, reproducing and hardening the borders of the nation-state. Additionally, by turning to …

Intersectional Human Rights At Cedaw: Promises Transmissions And Impacts, Amanda Barbara Allen Dale

PhD Dissertations

Starting from the premise that international human rights law is not a neutral fact, this dissertation is a critical exploration of the promises, transmissions and impacts of intersectionality as an approach to gender protections in international human rights law. I begin with a definition of intersectionality at the individual claimant and jurisprudential levels, as an approach to anti-discrimination and equality law that attempts to move beyond static conceptions and fixed identities of discriminated subjects, and, based on Kimberl Crenshaws powerful metaphor of a traffic intersection, delineates the flow of discrimination as multi-directional, and injury as seldom attributable to a single …

The Seventeenth Amendment: The United States Senate And The Transformation From Legislative Selection To Direct Popular Election, John Joseph Janora

History Theses

The passage of the Seventeenth Amendment helped to democratize the United States Senate and tied the legislative branch closer to the people, but it undermined the links between the state and the federal systems. Any thoughtful discussion on the Progressive Era will generally lead towards the idea of increased involvement of both the government, at all levels, in the lives of the general population, and the increased involvement of the general population in the functioning of the government at large. One seemingly obvious decision made in the early part of the 20^th century was the implementation of the Seventeenth …

Of Queens, Incubi, And Whispers From Hell: Joan Of Arc And The Battle Between Orthopraxy And Theoretical Doctrine In Fifteenth Century France, Helen W. Tschurr

Honors Program Theses

This project focuses on examining the nuances of fifteenth century religious gender theory through an exploration of the Trial of Condemnation (unduly maligned in the historiography) against Joan of Arc. Employing a lens of the theological concept of the “Bride of Christ,” (as defined by Dylan Elliot, Johanne Chamberlyne, Gilbert of Hoyland, and Peter Abelard) in studying this text, as well as the contemporary pro-Joan propaganda texts of Christine de Pizan, Jacques Gelu, and Jean Gerson,suggest a departure from current historiographical positions on medieval perceptions of gender and sex identity. Both Joan (in the trial) and her popular supporters understood …

"I See Genocide" - The Struggles Of The Ponca Nation To Reclaim Their City From Polluters, Douglas Fournet

History Theses

This thesis examines two court cases undertaken by the Ponca Tribe of Oklahoma and residents of Ponca City and the surrounding areas against two polluting corporations on their land: Conoco and Continental Carbon. By analyzing the history of history of the Ponca alongside the history of Native American relations to the petroleum industry and the history of EPA enforcement problems, the paper sets out to demonstrate that the unique position of Native American tribes in the United States allows them to employ what Klyza and Sousa term "alternative pathways" in fighting environmental injustice.

The Health Of Migrant Farmworkers In The Pacific Northwest: Access, Quality, And Health Disparities, Marleny Silva

Global Honors Theses

The health and well-being of migrant farmworkers have been neglected in the U.S. despite the prevalent reliance on undocumented foreign labor to fill the needs of the agricultural industry. In 1942, the U.S. signed a bilateral agreement with Mexico which allowed the recruitment of Mexican workers for temporary work in U.S. fields until the end of the program in 1964. This program contributed to the increase of Mexican migration even after its termination and reaffirmed our nation’s dependence on migrant farm workers, both documented and undocumented. Due to their undocumented status, undocumented migrant farmworkers experience neglect, dehumanization, and criminalization that …

American Exceptionalism In Mass Incarceration, Isabell Murray

Global Honors Theses

American exceptionalism is often positively connotated; America’s exceptionalism often refers to the nation’s unique, progressive ideals of liberty during the nation’s founding, as well as the premise of a free Democratic Republic. While the United States of America has many positive and exceptional qualities, this research illustrates an unfortunate exceptional American quality: the mass incarceration of over 2.3 million people in the United States of America. This paper reviews the literature to understand the evolution of mass incarceration on the basis of three lines: the United States’ history of race, the nation’s governmental structure and the development of policy. Additionally, …

The Rhetoric Is On The Wall: A Multimodal Study Of The U.S. – Mexico Border Through Image Narratives, Kristoffer Mason

Global Honors Theses

This paper applied social semiotics and systemic functional theory to study visual narratives related to President Trump’s border wall project and U.S. immigration policy. The images were selected by new articles posted by The New York Times using search parameters “border wall” and “undocumented immigration” between the dates of March 13 – April 13, 2018. Images were selected and categorized based on visual themes related to the border wall and policy enforcement. Of these categories, two images were selected for vertical perspective, vector patterns, and gestures to discover the narratives. Analysis of the images showed that social power and hierarchical …

Adapt Or Die! The Social And Economic Dynamics Of Japan’S Animation Industry, You Pan

Master's Projects and Capstones

This research explored and discussed about Japanese animation industry, past, present, and possibilities to a better future. While there is existing literature on Japanese animation, this research will focus on a case study that will discover the bright side of Japanese animation market, while addressing the existing problems within the animation industry or potential issues at present times. By illustrating the existing and potential issues as well as the bright side, the objective of this research is to help the Japanese animation industry to survive under the depressive economic environment. My research will identify reasons for low productivity of high …

Radical Social Ecology As Deep Pragmatism: A Call To The Abolition Of Systemic Dissonance And The Minimization Of Entropic Chaos, Arielle Brender

Student Theses 2015-Present

This paper aims to shed light on the dissonance caused by the superimposition of Dominant Human Systems on Natural Systems. I highlight the synthetic nature of Dominant Human Systems as egoic and linguistic phenomenon manufactured by a mere portion of the human population, which renders them inherently oppressive unto peoples and landscapes whose wisdom were barred from the design process. In pursuing a radical pragmatic approach to mending the simultaneous oppression and destruction of the human being and the earth, I highlight the necessity of minimizing entropic chaos caused by excess energy expenditure, an essential feature of systems that aim …

The Significance Of Mongolia's Foreign Policy And Security Apparatus On A Global And Regional Scale, Bolor Lkhaajav

Master's Projects and Capstones

Mongolia, land-locked between two politically, economically, and militarily powerful nations — Russia and China — often must balance its foreign and security policies with its two neighbors and countries beyond. When discussing Mongolia’s foreign policy and security apparatus, historians and scholars look at the international relations of East Asia as a whole. This is the case not because Mongolia’s foreign policy is insignificant but because greater powers impose greater influence on smaller states. Mongolia’s partial involvement in World War II (WWII), and the Cold War introduced new challenges as well as opportunities for Mongolia to modernize its foreign policy principles …

Opinions In Context: An Exploration Of The Rhetoric Used By Supreme Court Justices Antonin Scalia And Ruth Bader Ginsburg Regarding The Separation Of Church And State, Catherine Evans

Senior Honors Projects, 2010-2019

Supreme Court Justices Antonin Scalia and Ruth Bader Ginsburg represented opposite ends of the political spectrum on the Court, having been appointed by presidents from different parties. Their opinions on cases revolving around the interpretation of separation of church and state do/did not occur within a vacuum, and this paper examines both the context surrounding these opinions and rhetoric of the opinions themselves, closing with a discussion of the former’s effect on the latter. Specifically, four cases (two for each) from the beginning and end of the justices’ careers will be analyzed: Capitol Square Review and Advisory Board v. Pinette …

The Presbyterian Enlightenment: The Confluence Of Evangelical And Enlightenment Thought In British America, Brandon S. Durbin

Masters Theses, 2010-2019

Eighteenth-Century British American Presbyterian ministers incorporated covenantal theology, ideas from the Scottish Enlightenment, and resistance theory in their sermons. The sermons of Presbyterian ministers strongly indicate the intermixing of enlightenment and evangelical ideas. Congregants heard and read these sermons, spreading these ideas to the average colonist. This combination helps explain why American Presbyterians were so apt to resist British rule during the American Revolution. Protestant covenantal theology, derived from Protestant reformers like John Calvin and John Knox, emphasized virtue and duty. This covenant affected both the people and their rulers. When rulers failed to uphold their covenant with God, the …

A Liberal Analysis Of Religious Exemptions To Public Accommodation Laws, Michael David Doering

Theses and Dissertations

In 2015, the United States Supreme Court effectively made same-sex marriage legal throughout the country. Writing for the majority, Justice Kennedy opined that not extending marriage equality to same-sex couples violated both their autonomy and their right to equal dignity under the law. Three years earlier, a same-sex couple visited Masterpiece Cakeshop, a bakery in Colorado, and requested that the owner design and create a cake to celebrate their same-sex wedding. The owner declined, advising the couple that he did not provide wedding cakes for same-sex weddings due to his religious beliefs. He was found guilty of violating the Colorado …

On The Politics And Conceptualization Of Gender Non-Conformity : Exploring Thailand’S Kathoey Population., Macey E. Mayes

College of Arts & Sciences Senior Honors Theses

The purpose of this thesis is to investigate the politics and conceptualization of gender in Thailand, drawing specifically on the Thai understanding of sex and gender with regard to the kathoey population. This work considers the solidification of a third-gender category and looks to the ways this solidification can inhibit the fluidity of gender and sexuality. It also analyzes the dangers of transnational advocacy and the superimposition of Western queer advocacy and theory on Thai gender identities. I approach this issue from an interdisciplinary framework that seeks to include historical, cultural, and theoretical perspectives. In examining anthropological research, critiques of …

Perceptions Of Barriers To Leadership Appointment And Promotion Of African American Female Commissioned Officers In The United States Military, Beverly Henderson Davis

Doctoral Dissertations

The U.S. military is perceived by many to be the example of workplace meritocracy, but historical studies have shown that the perceptions of African American female commissioned officers run counter to that belief. The military has as its goal the movement from a diverse fighting force to one that is totally inclusive of all members. The purpose of this study was to gather insights into whether the military has moved toward full integration from the viewpoint of the demographic that has shown the least confidence in the accomplishment of that task.

This qualitative study involved 12 participants: active duty, retired, …

Suing For Spanish: Puerto Ricans, Bilingual Voting, And Legal Activism In The 1970s, Ariel Arnau

Dissertations, Theses, and Capstone Projects

This dissertation examines how the legal activism of a Puerto Rican group of activist-lawyers and community members contributed to the reshaping of voting law and language policy during the 1970s. The Puerto Rican Legal Defense and Education Fund (PRLDEF) coordinated a series of lawsuits in Chicago, New York City, and Philadelphia during the early 1970s. The decisions in these lawsuits provided the legal framework to rewrite federal voting rights law during the Voting Rights Act (VRA) reauthorization hearings in 1975. These cases resulted in vastly expanded opportunity to vote for all language minorities in the United States. These civil rights …

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 …

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 …

Four Facets Of Diminishment In Cicero's Pro Caelio: Dilemma, Irony, Understatement, And Comedy, Donald Matthew Pasko

Graduate Theses and Capstone Projects (excluding DNP)

No abstract provided.

The Heart Of K'E: Transforming Dine Special Education And Unsettling The Colonial Logics Of Disability, Sandra Yellowhorse

American Studies ETDs

This paper takes up the roles of ideology and spatiality as they impact Diné students and learners in understanding conceptions of normativity, neuro-diversity and bodily variance. I am concerned with how the movement and creation of Indigenous schools and their praxis still maintain and often times produce settler colonial ideologies of being, personhood, difference and ability. I illustrate the challenges that Diné planners and educators face in entrenching cultural knowledge and language into their educational initiatives, while some of the problematic manifestations and expressions of normativity present themselves through state polices, federal law and mainstream curriculum.

I focus on the …

Law, Culture, And The City: Urban Legal Anthropology, The Counterhegemonic Use Of Hegemonic Legal Tools, And The Management Of Intangible Cultural Heritage Spaces Within Toronto's Municipal Legal Frameworks, Sara Gwendolyn Ross

PhD Dissertations

The deep process of revision needed in managing Toronto and Canadas urban intangible cultural heritage not only affects redevelopment decisions and cultural policies at the municipal level, and cultural heritage legislation and regulations at the provincial level, but it also calls for the need to address issues at the federal level, such as correctly acknowledging what terms like heritage value mean when drawn from international cultural heritage legislation and the currently unratified status of the UNESCO Convention on the Safeguarding of the Intangible Cultural Heritage within Canada. Through the application of urban legal anthropology, as well as through a lens …

Place And Displacement: The Unsettling Connection Of Women, Property, And The Law In British Novels Of The Long Nineteenth Century, Claudia J. Martin

Graduate Dissertations and Theses

This study examines how British novels produced during the long nineteenth century, the period from 1750 to 1919, represent thetenuous connection of women to property and place. A paradox of the era was that while women tended to be relegated to theconfines of the domestic realm as daughters, sisters, wives, or widows, it was also a home that they could not or did not own, and in which their continued residence was dependent upon the largesse of others, making them vulnerable to displacement. Thedichotomy between home and homelessness creates the dynamic tension that drives many plots of the long nineteenth …

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 …

Free Speech In Wartime: Sedition Acts During The Presidencies Of John Adams And Woodrow Wilson, Juliana M. Hafner

Honors College Theses

This paper analyzes two time eras in which the United States federal government created and passed two sedition acts: in 1798 with President John Adams and in 1918 with President Woodrow Wilson. Both ultimately affected American’s freedom of speech during wartime, as well as during times of peace. This analysis addresses the specific acts themselves, the overall political atmosphere in each time period, including who were considered the country’s “enemies,” in-depth consideration of one court case per era, the government and public reaction to the acts, and the overall impact that both eras had on the development of American Constitutionalism. …

In Media Res, Christopher Andrew Sisk

Theses and Dissertations

We are inundated by a constant feed of media that responds and adapts in real time to the impulses of our psyches and the dimensions of our devices. Beneath the surface, this stream of information is directed by hidden, automated controls and steered by political agendas. The transmission of information has evolved into a spiral of entropy, and the boundaries between author, content, platform, and receiver have blurred. This reductive space of responsive media is a catalyst for immense political and cultural change, causing us to question our notions of authority, truth, and reality.