Law and Politics Commons^™

Beyond The Legal Black Hole: Hyper-Legality, Deferral, And Detention In Northeast Syria, Grace T. Harmon

Theses and Dissertations

This thesis examines the detention of suspected ISIS affiliates and their family members held in facilities administered by the Kurdish-led authorities in North-East Syria. Thousands of foreign nationals remain detained without trial, without repatriation, and in conditions widely criticized as inhumane. Existing scholarship and political discourse often describe these facilities as legal voids, limbo, or black holes where law has broken down or ceased to apply. This thesis challenges that characterization. Rather than existing outside the law, the facilities are governed through overlapping frameworks of international humanitarian law, international human rights law, counterterrorism security resolutions, and domestic laws. I argue …

How Traditional And Social Media Shapes Public Perception Of United States Surpeme Court Decisions On Civil Liberties, Leila P. Martin

Williams Honors College, Honors Research Projects

This study examines how traditional and social medai shape public perception of U.S. Supreme Court decisions on Civil liberties, focusing on four landmark cases: Dobbs v. Jackson, District of Columbia v. Heller, Materpiece Cakeshop v. Colorado Civil Rights Commission, and Obergfell v. Hodges. Using Entmans framing theory, the research analyzes how tone, language, emphasis, and ideological slant differ across media platofrms and how these frames infleunce public attitudes, insitutional trust, and civic understanding. A mixed-methods design combines archival media analysis, national polling data from Pew Rsearch Center and gallup, and an independent survery to asses how media narratives, rather than …

La Libanaise À L’Assaut De Ses Droits Politiques, Hassan-Tabet Rifaat

Proche-Orient, Études juridiques

No abstract provided.

Ai Suffrage For Human Flourishing, Simon Goldstein, Guha Krishnamurthi, Peter N. Salib

Fordham Law Review

Should Artificial Intelligence (AI) systems have the vote? One approach to this question is to explore AI systems’ moral characteristics, asking whether they possess the qualities that entitle humans to equal political standing and, consequently, suffrage. Those are important questions. But they are very hard ones, resting on highly contestable premises about ethics, AI, and humanity.

We instead take a functionalist approach: On the current trajectory, AIs will soon be highly agentic and capable, while remaining difficult to align with human objectives. If so, law will be an essential tool for shaping such systems’ behavior to favor positive-sum cooperation with …

Les Monarchies De La Péninsule Arabique : Conditions De La Survie, Ghassane Salamé

Proche-Orient, Études juridiques

No abstract provided.

Note Sur Le « Plan D’Autonomie » Pour La Cisjordanie Et La Bande De Gaza, Nabil Maamari

Proche-Orient, Études juridiques

No abstract provided.

Les Mécanismes De Protection De La Liberté De Conscience Dans Un État Multi‑Communautaire : L'Exemple Libanais, Pierre Gannagé

Proche-Orient, Études juridiques

No abstract provided.

Étude D'Une Attitude Politique : Analyse Du Comportement De L'Éditorialiste "Libanius" Du Journal "Le Réveil" Face Au Rôle De La F.D.A. Au Liban (Avril 1977 – Décembre 1980), Christiane Gezrawi

Proche-Orient, Études juridiques

No abstract provided.

La Décentralisation Territoriale : Contribution À Un Débat Politique Et Administratif Fondamental, À Partir De L'Exemple Français, A.-H. Mesnard

Proche-Orient, Études juridiques

No abstract provided.

Les « Bureaux De La Fraternité Arabe » Et La Convention De Vienne Sur Les Relations Diplomatiques, Nabil Maamari

Proche-Orient, Études juridiques

No abstract provided.

الإصلاح الإداري, جورج شقير

Proche-Orient, Études juridiques

No abstract provided.

L'Exercice De La Fonction Législative Au Liban : Approche Juridico‑Politique, Daoud Sayegh

Proche-Orient, Études juridiques

No abstract provided.

Les Éléments Structurels Du Blocage : Rupture Du Consensus Et Institutionnalisation De La Dyarchie, Fadia Habib

Proche-Orient, Études juridiques

No abstract provided.

La Légitimation Des Conduites De Politique Extérieure Dans La Crise Du Liban (Israël), Brigitte Bosredon-Larroumet

Proche-Orient, Études juridiques

No abstract provided.

Le Discours Politique De L'Élite Musulmane Traditionnelle Au Liban : 1943-1975, Hala Soubra

Proche-Orient, Études juridiques

No abstract provided.

La Solidarité Culturelle Franco-Libanaise À L’Épreuve Des Événements, Nada Klink

Proche-Orient, Études juridiques

No abstract provided.

وثيقة الوفاق الوطني وتعديل الدستور, إدمون رباط

Proche-Orient, Études juridiques

No abstract provided.

Législateurs Déguisés En Juges Ou Fidèles Serviteurs De La Loi?, Michel Halbecq S.J.

Proche-Orient, Études juridiques

No abstract provided.

Pandemic Power Plays: Environmental Deregulation & Erosion Of Indigenous Rights In Latin America During Covid-19, Sabrina Prado

Latin American & Caribbean Law Review

The COVID-19 pandemic reshaped global politics. Many governments used their emergency powers under the pretense of maintaining public health and sustaining the economy. However, in Latin America, these powers were exploited and the pandemic became a guise for expanding executive powers and propounding corporate friendly rollbacks which weakens environmental protections and minority rights. This paper will examine how emergency laws were used to sidestep the democratic process and facilitate policies that benefited corporate interests at the expense of environmental regulation and indigenous rights specifically. Brazil, Colombia, and Bolivia were three countries whose leaders centralized power and accelerated environmentally destructive policies …

The Silent Bench: How The Chilean Judiciary Failed To Check Pinochet's Executive Power And The Continued Struggle For Judicial Independence, Daniela González García

Latin American & Caribbean Law Review

Although authoritarian regimes are often associated with lawlessness, many consolidate power through carefully crafted legal framework that create the illusion of illegality. Chile under Augusto Pinochet offers a critical case study of this phenomenon. In Chile, Pinochet ushered in his “authoritarian legality” after spearheading a military coup in 1973 that toppled a democratically elected left-wing government. Through Chile’s 1980 Constitution, drafted by hand-picked loyalists and approved in a tightly controlled setting, Pinochet’s regime embedded executive supremacy, restricted judicial review, and transformed Chile’s courts into a silent bench. Applying David S. Clark’s theory that judicial review must be evaluated within a …

Invisible Empires: Transnational Illicit Trade & The Global Threat To Law And Justice, Víctor Hugo Guerra Hernández

Latin American & Caribbean Law Review

Transnational illicit trade has evolved beyond the mere economic and individual concerns of public or private sectors isolated. It now poses a profound threat to the integrity of democratic institutions, the rule of law, and global justice systems. This article explores the intricate links between illicit international trade and transnational organized crime within the concepts of a postmodern State. The article demonstrates how these criminal and clandestine networks undermine state sovereignty, fuel corruption and international briberies, and erode public trust. By analyzing the legal, political, and socio-economic dimensions of illicit markets, from old fashioned contraband activities to modern trafficking of …

Constitutions, The State And Law In Republican Venezuela (1830-2025), Rogelio Pérez-Perdomo

Latin American & Caribbean Law Review

This panoramic article poses the question of the relation between the state, the constitution and the law in Venezuelan republican history. In the 19th century, Venezuela became independent, congresses approved constitutions that organized the national state, comprehensive legal codes and legislation were produced and the universities developed legal studies and produced a small number of lawyers. Nevertheless, the law had little impact on a turbulent and impoverished country, and lawyers mainly found occupation in the state and political system. In the 20th century, Venezuela constructed a powerful state that pacified the country that created conditions for a relatively prosperous economy. …

A Sociolegal Explanation Of The Judicial Reform In Mexico, Alberto Abad Suárez Ávila

Latin American & Caribbean Law Review

This paper aims to offer a socio legal explanation for Mexico’s ongoing judicial reform, which shifts from a civil career paradigm for appointing judges to a popular election model. Most scholars have explained the reform mainly because of populism and constitutional authoritarianism. They focus on the political and normative factors. I would like to broaden the perspective: using a sociolegal approach, I consider other relevant factors, including some economic context as well as cultural aspects, to provide a more comprehensive explanation of the phenomenon.

Reckless Accomplices, Ben A. Mcjunkin

Northwestern University Law Review

In recent years, criminal prosecutors have pursued homicide charges against the parents of teenaged school shooters. Two high-profile cases—one from Michigan and one from Georgia—provide paradigmatic examples. In each case, the parents provided their children with weapons and ammunition despite obvious signs of each child’s dangerousness and instability. Criminal liability for such reckless conduct is appropriate. But homicide charges are not. This Article critiques this new trend in prosecutions as distorting the substantive criminal law to obtain an outcome that is otherwise unavailable without criminal code reform.

It is a long-held criminal law tenet that intentional wrongful conduct by one …

Fake News From Fake Dudes: Why State Statutes Regulating Political Deepfakes Are Both Necessary And Constitutional, Jay Kennedy

Northwestern University Law Review

As technology advances and more Americans use the internet to get their news, AI-generated “deepfakes” have become a powerful tool for misinformation. One common use of deepfakes is to make fake, but convincing, videos of electoral candidates or government officials. Deepfakes pose particular harm to local governments and officials because, unlike federal leaders, local leaders usually do not have the financial resources to fund the counterspeech sufficient to disprove deepfakes. Thus, to help defend the integrity of local governments, this Note argues that every state should enact legislation prohibiting deepfakes of public officials and proposes a First Amendment-compliant framework for …

How Did We Get Here?, Michael J. Klarman

Fordham Law Review

President Donald J. Trump’s second administration has transgressed basic rules and norms of democracy and the rule of law in myriad ways. Below, I have laid out my own top ten list of transgressions, though others could surely have made out a good case for their own “favorites.” It would not be difficult to come up with a longer list, yet the purpose of my Levine Lecture is less to describe where we are than to explain how we got here. Following an enumeration of Trump administration transgressions, my lecture turns to two questions. First, why have traditional checks on …

Splitting The Baby: Determining The Causation Standard In Family And Medical Leave Act Retaliation Claims, Eliana C. Singer

Fordham Law Review

The Family and Medical Leave Act (FMLA) guarantees employees unpaid leave following certain qualifying events. The FMLA not only provides substantive rights but also prohibits retaliation against employees who exercise those rights. When employees face unlawful retaliation, they can bring retaliation claims against their employers. However, there is disagreement among courts as to how to evaluate these claims. More precisely, courts are split concerning whether employees must prove their use of leave was a but-for cause of retaliation, or merely that it was one of an employer’s mixed motives for retaliating. The U.S. Courts of Appeals for the Second and …

Legalist Verses Realist Accounts Of United States V. Skrmetti, Neil S. Siegel

Faculty Scholarship

Although the Supreme Court is increasingly adopting an understanding of sex discrimination that is biologically focused and/or formalistic, this Article argues that the Court does not consistently apply that conception when doing so benefits transgender Americans. The Court’s conclusion in United States v. Skrmetti that no facial sex classification exists in Tennessee’s law banning gender-affirming care for transgender—but not cisgender—minors is irreconcilable with its conclusion five years earlier in Bostock v. Clayton County that Title VII’s prohibition on sex discrimination prohibits employers from firing employees just because they are transgender. Perhaps tellingly, only Justice Gorsuch, Bostock’s author, and Chief Justice …

Kosovo’S Strategic Missteps With International Law, Parker W. Remick, Robert Muharremi

Journal of Peace, Conflict, and Security Studies

This paper interrogates the principle of selective engagement with international law in the foreign policy of Kosovo, arguing that international law functions less as a neutral arbiter between states and more as a pliable instrument wielded in the pursuit of national objectives. Through a meticulous analysis of Kosovo’s post-2008 trajectory, the study unveils a pattern of selective engagement with international legal mechanisms highlighting both moments of strategic acumen and critical miscalculations. Despite possessing the legal attributes of statehood, Kosovo’s struggle for international legitimacy is hampered by a failure to fully exploit legal avenues, from multilateral treaty accession to litigation and …

Purging Politics: A Proposal To Remove Gerrymandering In Texas, Lauren Teske

St. Mary's Law Journal

No abstract provided.