Social and Behavioral Sciences Commons^™

Crime, Morality, And Republicanism, Richard Dagger

Political Science Faculty Publications

One of the abiding concerns of the philosophy of law has been to establish the relationship between law and morality. Within the criminal law, this concern often takes the form of debates over legal moralism--that is, "the position that immorality is sufficient for criminalization" (Alexander 2003: 131). This paper approaches these debates from the perspective of the recently revived republican tradition in politics and law. Contrary to what is usually taken to be liberalism's hostility to legal moralism, and especially to attempts to promote virtue through the criminal law, the republican approach takes the promotion of virtue to be one …

2016 Hydrogeologic Map Of The Salinas River Basin

Groundwater Basin Maps

The draft 2016 map prepared by Stetson Engineers, Inc. of the Salinas Valley River Basin depicting river deposits, alluvial deposits, dune sand, alluvial van deposits, Paso Robles Formation, the groundwater basin, county boundary between Monterey and San Luis Obispo counties, the Salinas River as well as lakes and reservoirs.

2016 Salinas River Basin Map

Groundwater Basin Maps

A draft 2016 map prepared by Stetson Engineers Inc. that depicts the Salinas Valley River Basin located in Monterey and San Luis Obispo counties, California

#Warcrimes #Postconflictjustice #Balkans: Youth, Performance Activism And The Politics Of Memory, Arnaud Kurze

Department of Justice Studies Faculty Scholarship and Creative Works

While literature in transitional justice has addressed conventional retributive and restorative justice mechanisms, scholarship focusing on the rise in youth activism to confront war crimes is underdeveloped. This article draws on over two-dozen in-depth interviews with youth activist leaders across the former Yugoslavia, focusing on their performance-based campaigns. I explain why the emergence of transitional justice youth activism in the Balkans falls short of the significant institutional reforms of earlier youth movement mobilizations in the region. I also throw light on why their performance activism is distinct from practices of older, established human rights organizations in the region. Notwithstanding, I …

Aisha, Aisha, Tsos

TSOS Interview Gallery

Aisha, a Syrian native, lived in Latakia with her Palestinian husband and six children. Their children were not allowed to attend school because of their Palestinian heritage. During the war, mortars and missiles hit the city, and Aisha's brother lost three children. Aisha's uncle in Jordan helped to smuggle their family into Turkey after they decided to escape.

They sailed to Greece with a boat carrying about 350 people. The ship's drivers abandoned it during the journey. To save the children on board, Aisha's husband steered the sinking ship. Her husband was arrested in Greece, and Aisha, who was five …

Samadi & Sabroo, Samadi, Sabroo, Tsos

TSOS Interview Gallery

Samadi was a member of the Kurdistan Freedom Party. He joined at the age of 17 andhas been a member for 22 years. This party sought an independent Kurdistan andfought with the invader countries. Samadi lived at the Oinofyat Refugee Camp inGreece at the time of this interview. His daughter was killed by ISIS in 2014 whiledefending Kurdistan. After her death, his family was threatened by the Salafi group.They left to save their lives. Samedi says that the Salafi group rapes and kills children in the name of religion. He says he is a fighter and he is not afraid …

Morena, Morena, Tsos

TSOS Interview Gallery

Morena has two children and a husband, and she is currently pregnant. Her life in Afghanistan felt normal, and she was able to study there until she had to flee. Her father in law was a truck driver for an American company and he had to surrender several vehicles to the Taliban. They robbed his vehicle and threatened violence. Because of this danger, Morena and her family fled. Their eight-month journey included rejection in Turkey and Iran multiple times and many struggles with smugglers and police. They eventually made it to a camp in Greece.

Because Morena is pregnant, they …

Pamir And Rahila, Pamir, Rahila, Tsos

TSOS Interview Gallery

Pamir is from Afghanistan. He is a Hazarah, an ethnic minority group in Afghanistan. The Taliban hates his people. Nearly every member of his family has bullet wounds and war scars. His father was shot during the Mujahedin War and still has bullets in his leg. His older brother is blind in one eye and is still in Iran. His other brother was shot in the head and killed somewhere between the age of thirteen and fifteen. They escaped to Iran from Afghanistan, but the police caught Pamir and took him to a camp. They told him he could either …

Walid & Rahima, Walid, Rahima, Tsos

TSOS Interview Gallery

Walid worked as a police officer inBaghlan County,Afghanistan, where hedid many operations with NATO and US forces. Walid was responsible for recordingoperations and distributing copies to the media. Being part of the operations was dangerous, and Walid lost many of his friendsto the Taliban.Theyevenskinned afriend for cooperating with the government. The violenceled him to say, “The terrorists have no religion.” The Taliban began entering homes and killing government officials,and paid assassinations happened in public. Walidknew he was in danger.After losing a dear friend, Walid knew then that he had lost all he was willing to lose.He fled to Pakistan where …

Tabish, Tabish, Tsos

TSOS Interview Gallery

Tabish is from Afghanistan. He fled the country because he had enemies there. He was shot multiple times during a Taliban raid, resulting in a broken leg and damaged hand. The bullets had to be pulled out with a stick. He and his family fled Afghanistan to Iran where the police threatened to arrest him for not having the legal papers to work. His family escaped to Turkey but were soon deported back to Iran. They eventually made it through after walking on foot for seven hours at the Turkish border. After spending five hours on the water on the …

Sangar & Nasira, Sangar, Nasira, Tsos

TSOS Interview Gallery

Sangar and his family are from Iran but are originally Turkish. In Iran they faced a psychological war and many problems that stemmed from discrimination. He points out how many are oppressed or discriminated against, but he and his family were singled out for their ethnicity. There was no hope for a bright future, and they decided to flee the country for the benefit of their children.

They fled to Greece through Turkey and had many issues with human traffickers, robbery, a treacherous journey across the sea, and problems in Moria refugee camp where his wife couldn’t get the care …

Madina, Madina, Tsos

TSOS Interview Gallery

Madina is from Afghanistan where she had a good life as a hairdresser. She loved her business and was very well off. She faced a great deal of opposition and persecution since she was a woman who owned a business. She faced violence and threats often. Eventually they were forced to sell their possessions and flee with the help of traffickers and had a dangerous and painful journey. Multiple times they were turned away at borders in Greece, Turkey, and Iran. Madina now lives in Oinofyta refugee camp with her husband and 6 children. Her husband has a disability due …

Bahar And Zarrin, Bahar, Zarrin, Tsos

TSOS Interview Gallery

Bahar and Zarrin are friends living in Oinofyta Refugee Camp. They are both from Afghanistan but fled very different circumstances. Bahar lived in Iran with her husband until he passed, and she was rejected by her family. As a single woman she faced a life with little rights. Despite major health complications she fled to Greece in a boat. She now lives in the camp, struggling with repeated hospitalizations.

Zarrin left a life of comfort and privilege in Afghanistan and misses home greatly. Her husband was a wealthy businessman and Zarrin taught school. Thinking back on what they lost causes …

Nevin, Nevin, Tsos

TSOS Interview Gallery

Nevin is a civil engineer from Afghanistan who worked with an American company and local government. The Taliban threatened him and demanded he work for them instead and ultimately attacked him on his journey home. After this he began a dangerous journey to Europe full of smugglers, trafficking, encounters with police, poor living conditions and a trip across the Mediterranean in an overcrowded raft.

Nevin ultimately made it to Greece, where he lived in a camp for several months. He received medical care but faced new problems of closed borders and difficulty obtaining papers. He was transferred to a camp …

Aeham, Aeham, Tsos

TSOS Interview Gallery

Aeham Ahmad is a pianist from Yarmouk, Syria who gained internet fame from videos posted of him performing on the streets. Because of this, he was targeted and forced to flee to Germany, leaving his wife and two sons behind. Since this interview, his family has joined him.

Aeham’s talent and fame opened up opportunities to perform in various cities in Germany. To share his story during these performances, he learned English. He wants to use music to make a difference in the world. During his time in Yarmouk, there was an underground area where children practiced music because it …

Hamed, Hamed, Tsos

TSOS Interview Gallery

Hamed and his family are from Afghanistan where he worked as a diplomat and interpreter for the U.S. Army after having studied international relations and diplomacy. As the situation with the Taliban worsened it became too dangerous for Hamed and his family to stay in Afghanistan. They began the difficult journey with the help of smugglers, first to Iran, then Turkey, and then to Greece in a dangerous, overfilled boat.

Hamed explains the despair and frustration faced by many refugees. They feel as though very little is actually done for refugees once they’re admitted, and explains they need more assistance. …

Zarrin, Zarrin, Tsos

TSOS Interview Gallery

My name is Zarrin. I was an English teacher. In Afghanistan I had a big house and a garden. My husband was a rich man; he had lots of money. My children studied in a private school.All the time the Taliban was warning my husband, “Why does your wife go to school and teach children? If your wife goes to school, we’ll throw acid on her face and take your children.” They don’t like education —they don’t like women attending school.Zarrin left a life of comfort and privilege in Afghanistan and misses home greatly. Her husband was a wealthy businessman …

Institutional Strategies For Open Educational Resources (Oers): Report Of A Cni Executive Roundtable Held April 3 & 4, 2016, Coalition For Networked Information

Copyright, Fair Use, Scholarly Communication, etc.

At the Spring 2016 CNI Membership Meeting in San Antonio, Texas, we held an Executive Roundtable on the topic of Institutional Strategies for Open Educational Resources (OERs). While this is clearly a topic of growing interest in higher education institutions, we did not anticipate the overwhelming response by CNI member institutions seeking to attend this roundtable. To meet the demand, we offered two sessions of the roundtable (with different institutions participating in each) on Sunday, April 3, and Monday, April 4. We were fortunate to have a student OER advocate from one of our participating institutions join one of the …

Toward An International Constitution Of Patient Rights, Alison Poklaski

Indiana Journal of Global Legal Studies

In the past decade, medical tourism-the travel of patients across borders to receive medical treatment-has undergone unprecedented growth, fueled by the globalization of health care and related industries. While medical tourism can benefit patients through increased access to treatment and cost-savings, medical travel also raises concerns about ensuring quality of care and legal redress in medical malpractice. Moreover, existing regulations fail to address these unprecedented issues. The multilateral adoption of an International Constitution of Patient Rights (ICPR) is necessary in order to more effectively preserve medical tourism's benefits and guard against its risks.

Self Sufficiency In Refugees, Sarah Zayed

Independent Study Project (ISP) Collection

The Syrian refugee crisis has taken the world by storm as it is not only a Jordanian issue or a Middle Eastern issue but rather it is a humanitarian crisis. The intent of this research is to study Syrian refugees living in Jordan whom are living outside of refugee camps and their level of self-sufficiency. A few ideas the researcher has kept in mind throughout this study are: Are refugees working in the same fields as they did in Syria? Does Jordan really invest in these workers? What is the Syrian point of view? What is the Jordanian government point …

Ilhan & Family, Ilhan, Tsos

TSOS Interview Gallery

Ilhan, his wife Nura, and their children resided near Kabul, in a region where both the Taliban and ISIS were active. As Shias, Ilhan’s family faced numerous menaces, including threatsfrom ISIS that they would be beheaded if they did not display ISIS flags. Ilhan’s sister Radwa, who is deaf and mute, was forced to marry a regional leader. In addition to being threatened on religious grounds, Ilhan’s family was also threatened by anelder of their town. Out of desperation, Ilhan’s family sold their house appliances, escaped Afghanistan, and arrived at the Oinofyta refugee campin Greece. Ilhan’s family fled with Radwa, …

Kamaria Bakes, Kamaria, Twila Bird, Lindsay Silsby, Yasmine Kataw, Tsos

TSOS Interview Gallery

Amina is from Aleppo, where she was a math teacher. She is married with four boys. Her family fled to Turkey from Syria after losing their home in the war. Amina and her youngest son then sailed on an inflatable boat to Greece. Using cars, buses, and trains, they traveled from Greece to Macedonia, then on through Serbia, Croatia, Slovenia, and Austria before finally arriving in Germany. They stayed for two months in Camp Hamburg before being transferred for a short time to Lemberg. Lemberg was followed by another camp for three and a half months and then to Eisenberg …

Transatlantic Influences On American Corporate Jurisprudence: Theorizing The Corporation In The United States, Tara Helfman

Indiana Journal of Global Legal Studies

In interpreting and evaluating the history of the Supreme Court's corporate jurisprudence, legal scholars have deployed three broad theories of corporate legal personality: the aggregate entity theory, the artificial entity theory, and the real entity theory. While these theories are powerful ways of conceptualizing the corporation, this article shows that they have not been as central to the Supreme Court's corporate jurisprudence as recent scholarship suggests. It instead argues that historic transformations in the high court's corporate jurisprudence are best understood in light of contemporary intellectual currents rather than through an expost facto application of the aggregate, artificial, and real …

Making Banks On A Global Scale: Management-Based Regulation As Agencement, Mika Viljanen

Indiana Journal of Global Legal Studies

This article seeks to provide a theoretical account of how management-based regulation (MBR), a new regulatory style used by many global regulators, affects its targets. The article centers on a case study. It introduces agencement theory as the theoretical heuristic to inform the analysis of a global, large-scale MBR scheme, the Basel Committee on Banking Supervision's Internal Capital Adequacy Assessment Program (ICAAP). In agencement theory, agency is understood in a neomaterialist frame. The core idea is that an actor's actions are determined by the material assemblage that constitutes her. The agencement heuristic allows ICAAP to be conceptualized as a regulatory …

Documentation And Emotions: Producing Displaced Legal Subjects, Susan M. Sterett

Indiana Journal of Global Legal Studies

Disasters are globally inflected today in humanitarian assistance, the organizations that support people after disaster and operate globally, and in the mobilization of arguments international human rights arguments. The domestic bureaucratic processes of humanitarian assistance after disaster in the United States do not state these connections; after Hurricane Katrina in the United States, they were most evident in the people and organizations that helped, and in the flow of humanitarian assistance from around the world that paid for assistance. Second, domestic documents for claiming assistance must limit that assistance to people hurt in disaster. That means they assist people who …

State Ownership And The United Nations Business And Human Rights Agenda: Three Instruments, Three Narratives, Mikko Rajavuori

Indiana Journal of Global Legal Studies

The rise of globally-oriented state ownership has emerged as a crucial issue across political, economic, and legal planes during the past decade. Contrary to the traditional approach where state ownership is viewed primarily through trade law, antitrust law, and corporate law, this article discusses the proliferating state shareholder power in relation to international human rights law. In particular, the article interrogates three recent U.N. human rights governance instruments by using narratives that highlight perils, potential, and specialty of state ownership in the emerging business and human rights agenda. It is argued that the U.N. instruments realize the changes in the …

Puzzling Out Law's Person, David A. Wishart

Indiana Journal of Global Legal Studies

How is the person to be conceptualized in law? Is it subject or object, what is its ontology and teleology? These are old questions, but ones newly raised by changing ideas of the province of the state, technology, and the extension of legality. Examples include the protection of the fetus in utero; contractualization of relationships, including those of welfare; the regulation of intimacy; the idea of government business; interventions in the business of the firm; and challenges to legal entitihood as constructing personhood. Much discussion of these is incommensurable in terms of place, culture, and discipline. This article ventures a …

The International Investment Regime After The Global Crisis Of Neoliberalism: Rupture Or Continuity?, Nicolas Perrone

Indiana Journal of Global Legal Studies

This article aims to show that the tools being used to recalibrate the international investment regime, in particular proportionality and corporate social responsibility, constitute continuity rather than rupture with neoliberalism and neoliberal legality. Neoliberalism has been discredited, and few actors suggest a return to self-regulation after the 2008 global economic crisis. This call for regulation, however, finds international economic law scholarship divided between those who claim that standards of review and corporate social responsibility can solve the crisis of neoliberalism, and those who believe that the problem is more profound. In the case of the international investment regime, this article …

Taking To The Sea: The Modern Seasteading Movement In The Context Of Other Historical Intentional Communities, Megan Binder

Indiana Journal of Global Legal Studies

Though its mission may seem to belong to the realm of science fiction-establishing self-sufficient, floating cities on the high seas-the modern seasteading movement is simply the next iteration of mankind's long quest to establish more perfect societies. If they wish to accomplish their goals, seasteaders must be prepared to confront and overcome serious obstacles on technological, social, and legal fronts. Reviewing other historical examples of intentional communities offers a glimpse of the potential challenges that are common across all such movements and suggests that, to ensure long-term success, seasteaders may benefit longterm from pursuing international recognition of sovereignty for their …

Increasing Health Care Access In Yemen Through Community-Based Health Insurance, Matthew Fuss

Indiana Journal of Global Legal Studies

This Note addresses the implementation of health insurance reform in Yemen. As a result of a system of user fees and a lack of health insurance, the current regime poses serious barriers to health care access for Yemen's uninsured citizens. When the dust settles from the ongoing conflict with Houthi rebels, the time will be ripe for replacing Yemen's health financing system. In order to rebuild trust and curb abuse in the public health system, legal reforms are required to implement health insurance through decentralized decision-making and accountability measures. The Welfare Regime Framework accommodates these general reforms through policies that …