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Articles 61 - 90 of 558
Full-Text Articles in Law and Politics
U.S. Government Information Resources For Accountability On U.S. Assistance To Ukraine, Bert Chapman
U.S. Government Information Resources For Accountability On U.S. Assistance To Ukraine, Bert Chapman
Libraries Faculty and Staff Presentations
Provides detailed coverage of U.S. Government information resources documenting accountability for U.S. civilian and military assistance to Ukraine. Includes U.S. laws, agencies involved in U.S. arms export policy, Defense Department resources and data, Defense Dept. Inspector General reports, Government Accountability Office reports, congressional committee hearings, a letter from a congressional committee to the Secretaries of Defense and State and U.S. Agency for International Development administrator, congressional debate, and congressional recorded votes.
Speculative Constitutions In Ursula K. Le Guin’S Hainish Cycle And The Rights Of Nature, Ted Hamilton
Speculative Constitutions In Ursula K. Le Guin’S Hainish Cycle And The Rights Of Nature, Ted Hamilton
Faculty Journal Articles
This paper examines two speculative examinations of humanity as a unified species and agent of ecological change: Ursula K. Le Guin’s Hainish Cycle and the rights of nature movement. Le Guin’s Cycle imagines the slow interplanetary reintegration of human polities against a backdrop of cultural and environmental difference. I read the novels of the Cycle as an allegory for the rights of nature movement, which seeks to synthesize traditional and modern knowledge in a legal solution to ecological crisis. Both discourses, I argue, productively imagine a new historical understanding of humanity’s place on Earth, but they provide a weak theory …
More Than An Icon: Taking Shirley Chisholm At Her Word, Marissa Jackson Sow
More Than An Icon: Taking Shirley Chisholm At Her Word, Marissa Jackson Sow
Law Faculty Publications
Shirley Anita St. Hill Chisholm is an American hero, one whose legacy and likeness have achieved iconic status within popular political culture, particularly as women have increasingly sought elected office. In 2019 in her home state of New York, Governor Andrew Cuomo created a state park in her honor. Several months earlier, New York City mayor Bill de Blasio’s administration had announced the creation of a monument in Chisholm’s honor in Brooklyn’s Prospect Park. Both sites incorporate and rely on both the visual depictions of Chisholm that have become political iconography—the Congresswoman’s dark brown face and glasses centered by a …
The American Tradition Of Self-Made Arms, Joseph G.S. Greenlee
The American Tradition Of Self-Made Arms, Joseph G.S. Greenlee
St. Mary's Law Journal
No abstract provided.
The Made And The Made-Up, Steven L. Winter Walter S. Gibbs Distinguished Professor Of Constitutional Law
The Made And The Made-Up, Steven L. Winter Walter S. Gibbs Distinguished Professor Of Constitutional Law
Law Faculty Research Publications
Truth is an ethical relation. Facts, whether descriptions of the physical world or of historical events, are necessarily mediated by our frames of reference. This contingency opens a space for disagreement that cannot be adjudicated by an absolute standard of truth. For those seeking power or profit, the temptation to exploit this state of undecidability is strong. When many question the institutions that broker meaning – science, the professions, the media – rumors, misinformation, deliberate distortions and falsehoods all proliferate. In the digital age, the ‘made’ is swiftly supplanted by the made-up. The remedy for this predicament is not technological …
U.S. Covert Actions In The Indonesian Genocide: The International Criminal Court, Mia C. Rabkin
U.S. Covert Actions In The Indonesian Genocide: The International Criminal Court, Mia C. Rabkin
Binghamton University Undergraduate Journal
After the Korean War in 1950, the Cold War expanded to Asia transitioning from purely economic aid in Europe from the Marshall Plan, to direct military intervention then to covert military operations under the Eisenhower Administration in Indonesia. The focus of this research is on the United States military intervention through covert military operations from 1950-66 and details the evolution of foreign policy in Indonesia from the economic aid to supplying names of PKI insurgents to be slaughtered. With the general research questions of How did CIA interference through covert military operations in Indonesia highlight a shift in CIA intervention …
Chisholm V. Georgia (1793): Laying The Foundation For Supreme Court Precedent, Abigail Stanger
Chisholm V. Georgia (1793): Laying The Foundation For Supreme Court Precedent, Abigail Stanger
The Cardinal Edge
No abstract provided.
The Role Of Recognition In Kelsen's Account Of Legal Obligation And Political Duty, David Ingram
The Role Of Recognition In Kelsen's Account Of Legal Obligation And Political Duty, David Ingram
Philosophy: Faculty Publications and Other Works
Kelsen’s critique of absolute sovereignty famously appeals to a basic norm of international recognition. However, in his discussion of legal obligation, generally speaking, he notoriously rejects mutual recognition as having any normative consequence. I argue that this apparent contradiction in Kelsen's estimate regarding the normative force of recognition is resolved in his dynamic account of the democratic generation of law. Democracy is embedded within a modern political ethos that obligates legal subjects to recognize each other along four dimensions: as contractors whose mutually beneficial cooperation measures esteem by fair standards of contribution; as autonomous agents endowed with equal rights; as …
Operation Lone Star: The Spectacle Of Immigration Federalism, Danielle Puretz
Operation Lone Star: The Spectacle Of Immigration Federalism, Danielle Puretz
Dissertations, Theses, and Capstone Projects
Texas Governor Greg Abbott launched Operation Lone Star in March 2021 to respond to the “crisis” at the United States/Mexico border. While in the US immigration is usually thought of as a federal responsibility, different states have worked to expand their capacity to welcome or exclude immigrants. Operation Lone Star is an example of how one state is working to restrict immigration to the US and build notoriety for its republican governor. Drawing on press releases, executive orders, news articles, opinion pieces, and other sources I highlight the performative politics within this initiative. Operation Lone Star is an example of …
Oklahoma V. Castro-Huerta, United States Supreme Court, Brett Kavanaugh
Oklahoma V. Castro-Huerta, United States Supreme Court, Brett Kavanaugh
US Government Documents Related to Indigenous Nations
This United States (US) Supreme Court decision, argued April 27, 2022 and decided June 29, 2022 expanded the reach of state jurisdiction to allow for prosecution of crimes that occur on Indigenous land, regardless of whether or not a state is named as having such jurisdiction under US Public Law 280. In 2020, the US Supreme Court's decision on McGirt v. Oklahoma established that much of the eastern part of the state of Oklahoma is Indigenous land and therefore falls under either tribal jurisdiction or Federal jurisdiction. In 2015 Victor Manuel Castro-Huerta was charged and convicted of child neglect by …
An Exploration Of The Wide-Reaching Effects Of The Repeal Of Roe V. Wade On Women's Access To Abortion, Mitchell J. Foster
An Exploration Of The Wide-Reaching Effects Of The Repeal Of Roe V. Wade On Women's Access To Abortion, Mitchell J. Foster
University Honors Theses
Since 1973, the federal government, through the Supreme Court of the United States, has acted to protect, the rights of women in their ability to choose to have an abortion without excessive governmental restriction. This thesis analyzes how and why access to abortion will shift in the face of the Supreme Court's overturning of Roe v. Wade (1973), likely to occur this June. This thesis begins with an in-depth description of how and why abortion became illegal, how and why abortion became legal, and how the opposition has developed against legal abortion. Through the last few decades, though especially in …
The “End” Of Neutrality: Tumultuous Times Require A Deeper Value, Carol Pauli
The “End” Of Neutrality: Tumultuous Times Require A Deeper Value, Carol Pauli
Faculty Scholarship
This essay has observed that, when times are tumultuous, third parties who intend to be neutral may need some mooring beyond the norms that are shifting. It argues that neutrality is an unsatisfying value in such times and suggests that neutrals look to the deeper values of their field. It proposes human dignity as a good place to begin, and it invites others to explore whether an initial commitment to the inherent worth of every person would make a helpful difference in practice.
A Cleave Within The Piney Woods: Nacogdoches, Stephen F. Austin State University And How Racial Integration Divided The Town And Gown, Caitlin Hornback
A Cleave Within The Piney Woods: Nacogdoches, Stephen F. Austin State University And How Racial Integration Divided The Town And Gown, Caitlin Hornback
Electronic Theses and Dissertations
Stephen F. Austin State University was once the pride and joy of the city of Nacogdoches, Texas. When the Texas State Legislature began to look for a location for their new state normal school, the people of the East Texas town fought to have it built there and the Stephen F. Austin Teacher’s College opened its doors in September 1923 to a proud community. Through the trials and tribulations of early twentieth century events, the school managed to stay afloat and grow in numbers. Dr. Ralph W. Steen became the president of the college in 1958 and he oversaw a …
Walking Back The System Trope: Reimagining Incarceration And The State Through A Spatial Theory Approach, Cody Hunter
Walking Back The System Trope: Reimagining Incarceration And The State Through A Spatial Theory Approach, Cody Hunter
All Dissertations
This dissertation critiques the systems theory approach to incarceration policy, practice, and research and proposes a rhetorically informed spatial theory approach as an alternative. Offering a non-hierarchical complexity theory as a bridge between systems and space, I then integrate rhetorical listening as a strategy for navigating and operationalizing our proposed spatial theory approach. I then apply our proposed methodology to archival research, focusing on the South Carolina Penitentiary as a case study, and offer two heuretic experiments to explore the range of this methodology for archival research. I also explore potential applications of this rhetorically informed spatial theory approach in …
Sexual Profiling & Blaqueer Furtivity: Blaqueers On The Run, T. Anansi Wilson
Sexual Profiling & Blaqueer Furtivity: Blaqueers On The Run, T. Anansi Wilson
The Scholar: St. Mary's Law Review on Race and Social Justice
This article has taken some time to recollect. I have been struggling to find the grammar to communicate a phenomenon that is both central to BlaQueer life and beyond BlaQueer living. This difficulty, the silences, the gaps, the nonsensical and agrammatical nature of this phenomena—that of BlaQueer furtivity, the strict scrutiny of Black life and sexual profiling—are central features not only of this project but of the legal, extralegal and social logics and powers that mark, make and remake BlaQueer folks as always, already furtive, subject to strict scrutiny and necessarily sexual profiling. I have been struggling with whether to …
Beating A Dead Corpse, Josh Chafetz
Beating A Dead Corpse, Josh Chafetz
Michigan Law Review
A Review of Sovereignty, RIP. By Don Herzog.
Opinion Regarding The Status Of Mineral Ownership Underlying The Missouri River Within The Boundaries Of The Fort Berthold Reservation (North Dakota), United States Department Of The Interior, Robert T. Anderson
Opinion Regarding The Status Of Mineral Ownership Underlying The Missouri River Within The Boundaries Of The Fort Berthold Reservation (North Dakota), United States Department Of The Interior, Robert T. Anderson
US Government Documents Related to Indigenous Nations
This memorandum, dated February 4, 2022, from the United States (US) Department of the Interior (Office of the Solicitor) to the Secretary and Assistant Secretary of Land and Minerals Management, the Assistant Secretary of Indian Affairs, and the Director of the Bureau of Indian Affairs rescinds the Solicitor’s May 26, 2020 opinion regarding mineral rights on the Fort Berthold Reservation which declared the state of North Dakota to be the owner of said rights. This memorandum reaffirms the January 17, 2017 opinion of Solicitor Hilary Tompkins that the rights belong to the Three Affiliated Tribes of the Fort Berthold Reservation. …
The War On Drugs And Its Legal Effects On Black Americans, Alexia L. Howard-Mullins
The War On Drugs And Its Legal Effects On Black Americans, Alexia L. Howard-Mullins
2022 Symposium
The differences in treatment between Black and white Americans in the past fifty years has been a topic of thought in the minds of political and sociological scholars since the inception of the War on Drugs in 1971. These differences in treatment may lead to discrimination legally, resulting in longer prison sentences and a higher proportion of Black Americans in prison. This study analyzes the results of the War on Drugs that led to disproportionate imprisonment of Black Americans, including mandatory sentencing laws, drug classifications, and discrimination within law enforcement and the legal system. This study will use primary sources …
Our Silence Will Not Protect Us . . . And Neither Will J. Edgar Hoover: Reclaiming Critical Race Theory Under The New Mccarthyism, Christina Hsu Accomando, Kristin J. Anderson
Our Silence Will Not Protect Us . . . And Neither Will J. Edgar Hoover: Reclaiming Critical Race Theory Under The New Mccarthyism, Christina Hsu Accomando, Kristin J. Anderson
Humboldt Journal of Social Relations
The right-wing attack against critical race theory is the latest manufactured panic designed to whip up supporters of a party beholden to Donald Trump. Since late 2020, hundreds of measures have been introduced across the U.S. to ban antiracism education, critical race theory, the 1619 Project, and any understanding of racism as systemic and embedded in U.S. history and law. While an understandable reaction of educators is to declare that they are not teaching critical race theory, our position is to reclaim critical race theory for the powerful lens it offers in understanding the history of the U.S., the protracted …
Honor Thyself, Alonzo O. Williams
Honor Thyself, Alonzo O. Williams
Dance (MFA) Theses
The black male experience and identity in America are filled with complexity. We struggle to know ourselves. We work to see the way of love and the peace of an unviolated free spirit. We want to engage with ourselves with the highest degree of freedom and comfort, not to continue to question our identity in a life-threatening white patriarchal masculinity ideal. Honoring oneself from the lenses of the Reconstruction era of the United States is essential. Reconceptualizing this history explores the significance of emphasizing Reconstruction in my life as a black male to go through a process of self-discovery and …
Reclamation: Managing Water In The West; An Overview Of The Pick-Sloan Missouri Basin Program, United States Bureau Of Reclamation, Roger S. Otstot
Reclamation: Managing Water In The West; An Overview Of The Pick-Sloan Missouri Basin Program, United States Bureau Of Reclamation, Roger S. Otstot
US Government Documents Related to Indigenous Nations
This undated summary released by the Bureau of Reclamation offers a concise overview of the Pick-Sloan Missouri Basin flood control plan which was enacted when Congressed passed the Flood Control Act of 1944. This plan led to the construction of several dams in the Missouri River basin, including the Garrison Dam. The completion of the Garrison Dam displaced the majority of the Mandan, Hidatsa, and Arikara people living on the Fort Berthold Reservation. This document contains tables, graphs, maps, and a photograph.
Righting Health Policy: Bioethics, Political Philosophy, And The Normative Justification Of Health Law And Policy, D. Robert Macdougall
Righting Health Policy: Bioethics, Political Philosophy, And The Normative Justification Of Health Law And Policy, D. Robert Macdougall
Publications and Research
In Righting Health Policy, D. Robert MacDougall argues that bioethics needs but does not have adequate tools for justifying law and policy. Bioethics’ tools are mostly theories about what we owe each other. But justifying laws and policies requires more; at a minimum, it requires tools for explaining the legitimacy of actions intended to control or influence others. It consequently requires political, rather than moral, philosophy. After showing how bioethicists have consistently failed to use tools suitable for achieving their political aims, MacDougall develops an interpretation of Kant’s political philosophy. On this account the legitimacy of health laws does …
Dossier: The Stateless Rohingya—Practical Consequences Of Expulsion, Fiza Lee-Winter, Tonny Kirabira
Dossier: The Stateless Rohingya—Practical Consequences Of Expulsion, Fiza Lee-Winter, Tonny Kirabira
Genocide Studies and Prevention: An International Journal
The international community has been called upon to ramp up efforts to end statelessness and provided with a guiding framework of 10 Actions. This dossier presents the practical consequences of expulsion, both direct and indirect outcomes of collective violence, directed towards the Rohingyas. Touching upon the nexus between children's rights, human trafficking, and practical challenges associated on-the-ground, the dossier also discusses the imperative need for the Association of Southeast Asian Nations (ASEAN) states—collectively as a region—to take steps in fulfilling Action 7 of the Global Action Plan through the birth registration of Rohingya children as part of their existing efforts …
Article: Anti- Love Jihad Law: An Analysis Of Women’S Religious And Marital Rights, Snehal Sharma
Article: Anti- Love Jihad Law: An Analysis Of Women’S Religious And Marital Rights, Snehal Sharma
Gender and Women's Studies Faculty Publications
In November 2020, Uttar Pradesh government enacted an ordinance – ‘Prohibition of Unlawful Religious Conversion Ordinance, 2020’. Since the ordinance has made the process of religious conversion and interfaith marriage complicated and prolonged in the state, it is commonly known as ‘anti- love jihad law’. This paper analyses and lays out the potential impact of this ordinance on inter-religious marriages, and how it conflicts with women’s religious, marital, and bodily autonomy. Here the author discusses the procedures of anti-conversion ordinance along with the Special Marriage Act (1954) and personal laws related to marriage to assess their impact on inter-religious couples …
Biden Administration U.S. Space Force Policy Literature, Bert Chapman
Biden Administration U.S. Space Force Policy Literature, Bert Chapman
Libraries Faculty and Staff Presentations
Provides details on U.S. Space Force policy literature produced by the Biden Administration during its first eight months. Includes announcements that the Biden Administration will continue this new armed services branch begun during the Trump Administration. Features congressional testimony of Biden Administration officials such as Secretary of Defense Lloyd Wilson and Air Force Space Command leader General James Dickinson, the text of Space Force's 2021 Digital Force Vision document, congressionally approved FY 2022 space force budget figures, congressional committee comments and report requirements contained in emerging defense spending legislation, the emergence of collaboration between Space Force and universities such as …
Crisis Management Lessons From The Clinton Administration's Implementation Of Presidential Decision Directive 56, Leonard R. Hawley
Crisis Management Lessons From The Clinton Administration's Implementation Of Presidential Decision Directive 56, Leonard R. Hawley
The US Army War College Quarterly: Parameters
Drawing on personal experience, the author asks what the current administration can learn from the Clinton administration’s implementation of Presidential Decision Directive 56, examines the real-world application of the directive during the Clinton administration and the pitfalls of its agency-centric successor during the Bush administration, and identifies recurring problems and best practices for successfully responding to current global crises.
What An Ethics Of Discourse And Recognition Can Contribute To A Critical Theory Of Refugee Claim Adjudication: Reclaiming Epistemic Justice For Gender-Based Asylum Seekers, David Ingram
Philosophy: Faculty Publications and Other Works
Abstract: Using examples drawn from gender-based asylum cases, this chapter examines how far recognition theory (RT) and discourse theory (DT) can guide social criticism of the judicial processing of women’s applications for protection under the Geneva Convention Relating to the Status of Refugees (1951) and subsequent protocols and guidelines put forward by the United Nations High Commissioner for Refugees (UNHCR). I argue that these theories can guide social criticism only when combined with other ethical approaches. In addition to humanitarian and human rights law, these theories must rely upon ideas drawn from distributive, compensatory, and epistemic justice. Drawing from recent …
The Ill-Treatment Of Their Countrywoman: Liberated African Women, Violence, And Power In Tortola, 1807–1834, Arianna Browne
The Ill-Treatment Of Their Countrywoman: Liberated African Women, Violence, And Power In Tortola, 1807–1834, Arianna Browne
Master's Theses
In 1807, Parliament passed an Act to abolish the slave trade, leading to the Royal Navy’s campaign of policing international waters and seizing ships suspected of illegal trading. As the Royal Navy captured slave ships as prizes of war and condemned enslaved Africans to Vice-Admiralty courts, formerly enslaved Africans became “captured negroes” or “liberated Africans,” making the subjects in the British colonies. This work, which takes a microhistorical approach to investigate the everyday experiences of liberated Africans in Tortola during the early nineteenth century, focuses on the violent conditions of liberated African women, demonstrating that abolition consisted of violent contradictions …
Victim Impact: The Manson Murders And The Rise Of The Victims’ Rights Movement, Merrill W. Steeg
Victim Impact: The Manson Murders And The Rise Of The Victims’ Rights Movement, Merrill W. Steeg
LSU New Orleans Theses and Dissertations
No abstract provided.
The Role Of Nations-State In Protecting And Supporting Internally Displaced Persons, Daisy Byers
The Role Of Nations-State In Protecting And Supporting Internally Displaced Persons, Daisy Byers
Master's Theses
The rising increase of Internally Displaced Persons (IDPs) has become a global problem. There are over 40 million internally displaced people globally, and 15.9 million are displaced in Africa. These displacements come into place due to war/conflict, corruption, massive human rights violations, natural disasters, urban renewal projects (at the hands of powerful nations such as America, China, France, UK, etc.), and large-scale development projects. According to UNHCR, refugees are people who have international cross-border. In contrast, internally displaced persons must stay within their own country and stay under the protection of their government, even if the government is the reason …