Social and Behavioral Sciences Commons^™

Ontological Inquiry In The World Of Law: Bringing Forth Subjective Experiencing From The Shadows, Margarida Garcia

Turning Toward Being: The Journal of Ontological Inquiry in Education

This article explores how we assess the value of ontological inquiry in the world of law, and to that end, it seeks to bring forth “seeings” that show up when we open the “curtains” of law, and engage the world of law as a field of subjective experience. By revisiting subjective impressions left from participation in the world of law, and that, for the most part, have remained unexamined, the author imagines what an “ontologically sensitive” approach to legal education, practice, and scholarship might look like and be if more space was given to those who participate in those …

Going Generic: A Linguistics Approach To Genericide In Trademark Law, James A. Heilpern, William G. Eggington, Earl Kjar Brown, Zachary D. Smith

BYU Law Review

This Article examines the phenomenon of trademark genericide—the process by which once-protected brand names like “escalator” and “trampoline” lose their legal status by becoming synonymous with entire product categories. Traditional methods used by courts to assess genericide, such as consumer surveys and dictionary definitions, are often criticized for their subjectivity and lack of scientific rigor. In response, this Article introduces corpus linguistics as a more reliable, data-driven alternative for determining whether a trademark has become generic.

By analyzing real-world language usage through large corpora, corpus linguistics can track the public’s shifting perceptions of a trademark over time. Using case studies …

Corpus Linguistics And The Original Meaning Of The Sixth Amendment, Wesley White

BYU Law Review

The Sixth Amendment guarantees the right of an accused to have the assistance of counsel in a criminal prosecution. Put simply, under the U.S. Supreme Court’s current framework, an accused does not enjoy this right until the government has brought a formal charge. Thus, an accused who engages in plea bargaining before being formally charged is not guaranteed the Sixth Amendment right to counsel. Many critics of this framework focus on the purpose of the Sixth Amendment to argue that the right to counsel should be guaranteed in pre-charge plea bargaining. Others point to policy concerns.

This Note is among …

¿Qué Futuro Les Espera A Los Trabajadores Latinos? El Calor Extremo, Las Promesas Vacías Y La Incertidumbre Política, Yunior Rivas Garcia

Capstones

Este artículo explora las condiciones mortales que enfrentan los trabajadores latinos en Estados Unidos debido al estrés por calor, un riesgo creciente en sectores esenciales como la construcción, la agricultura y el almacenamiento. A pesar de representar una proporción significativa de las muertes laborales, las protecciones contra el calor son insuficientes, y la falta de regulación federal agrava la vulnerabilidad de estos trabajadores, muchos de los cuales son indocumentados. A través de casos específicos, como la muerte de Esvin Cruz Mateo, y un análisis de las políticas laborales actuales, el texto examina las fallas estructurales que perpetúan la inseguridad laboral …

Drogas, Basura Y Crimen: Los Vecinos De East Harlem Se Unen Para Mejorar El Barrio, Jacqueline Zamora

Capstones

En octubre de 2023 una nueva operación denominada “operación 4 esquinas” inició con el fin de mejorar la calidad de vida en East Harlem, pero el vecindario no ha cambiado mucho, dejando a residentes que formen una comunidad que se ayude mutuamente para marcar la diferencia en el barrio.

Enlace: https://medium.com/@jzamora2211/drogas-basura-y-crimen-los-vecinos-de-east-harlem-se-unen-para-mejorar-el-barrio-39455477522b

"The Revolutionary Act Of Love": How Black Women In Interracial Marriages Are Reshaping America, Whytni H. Kernodle

Capstones

This capstone explores the transformative power of interracial marriages between Black women and white men, examining how these unions challenge entrenched systems of racial and gender oppression while fostering spaces of equity, kinship, and resilience. Anchored by historical milestones such as Loving v. Virginia, the work situates these relationships within broader struggles for autonomy and freedom. Through the stories of contemporary couples, it highlights the complex dynamics of love, allyship, and identity in the face of systemic biases. The narrative emphasizes that these partnerships are not merely personal choices but deliberate acts of resistance and reimagination, inspiring societal transformation. …

Queens Residents, Sex Workers At Odds Over What It Means To Keep The Community Safe, David L. Paiz-Torres, Mia Hollie, Asad Jung

Capstones

Exploring the Impacts of Operation Restore Roosevelt Avenue.

On October 15, 2024, Mayor Eric Adams announced a 90-day operation along Roosevelt Avenue, Queens, targeting sex-workers, unlicensed vendors and “other quality-of-life offenses.” This year, nearly 30% of all arrests for sex-work related offenses occurred on Roosevelt avenue, according to NYPD data released in late October.

Our project sought to explore the impacts the operation has had on sex workers and business owners - we also spoke to local residents to get their opinions on the operation. We also looked at arrest data, laws regarding sex-work, previous efforts to crack down on …

Protection Of Trade Secrets In Global Markets And International Business: Implications For Labor Relations, Oleg M. Yaroshenko, Oleksii Tykhonovych, Yaroslav Kostohryz, Yuliia Ivchuk, Dmytro Sirokha

Markets, Globalization & Development Review

Against the background of globalization and the constant evolution of economic relations, the protection of trade secrets in labor relations becomes a necessity to ensure the sustainable competitiveness of enterprises in the international market. This article analyzes the multifaceted dimensions of trade secret protection, covering global business strategies, intercultural labor practices, international economic relations, and public policy fundamentals. Through the analysis of international agreements such as the TRIPS Agreement and the European Union Directive on Non-Competition Provisions, the article explores how various legal systems address trade secrets in labor relations, emphasizing the need for global harmonization. It also considers cultural …

Institutions Matter: How So?, Alper Duman

Markets, Globalization & Development Review

This paper examines the influential theory of Daron Acemoglu, Simon Johnson, and James Robinson (AJR) on the role of institutions in economic development, highlighting its strengths, limitations, and areas for further research. A central contribution of their work is the emphasis on power and conflict in institutional formation and change.

The theory's focus on the interplay between inequality, political power, and institutional change provides a valuable framework for understanding development trajectories. This paper also considers critiques of AJR's work, including the lack of robustness of the positive correlation between inclusive institutions and economic performance in lower-income countries and the significant …

Understanding The Transitional Needs Of Servicemembers To Veterans: A Focus On Mental, Social, And Behavioral Health, Marieann C. Raguso

Theses and Dissertations

This applied dissertation was designed to fill the gaps on the transitional American veterans’ lived experience using their own voice. The reconstruction of an American Veteran’s identity after transitioning back into civilian life is a process with many challenges. Transitional practices often fail to help veterans to acculturate back into the civilian world. This includes the formulation of identities and associations. There is a lack of consistency in military transitional practices leading to identity loss and the formulation of mental and behavioral disorders. The aim of this study is to examine the lived experiences of veterans who have transitioned back …

Latinas In Law Enforcement: Tokenism, Barriers And Changes Along The Narrow Bridge To Promotion, Saturnino Velazquez

College of Education Theses and Dissertations

The purpose of this qualitative study was to better understand and analyze themes and patterns shared among the lived experiences of 12 female Latina Law Enforcement Officers (LEOs) in male-dominated police departments in the Midwest (Illinois and Minnesota). The researcher chose to adopt a basic interpretive qualitative research methodology for this study because it provides a flexible and useful research tool, and provided a broader approach to interpreting meaning from rich and detailed data, yet complex, and account of semi-structured interviews that served as a data collection instrument. This study was guided by the theoretical framework of Kanter’s research on …

Placing The Four Rounds Of Israeli Palestinian Negotiations In The Twenty-First Century In The Context Of Ir Theory, Notably Realism Theory, Michael J. Reimer Dr

Department of Political Science and Law Faculty Scholarship and Creative Works

On October 7, 2023, Hamas unleashed a vicious attack on Israeli civilians in the southern part of Israel. The plans for this attack were likely many years in the making. Nine hundred miles of tunnels crisscrossed Gaza with the terrorist infrastructure coinciding with the location of hospitals, school, Mosques and shelters above. On October 6, 2023, the history of the four rounds of Israeli Palestinian negotiations of the earlier part of the twenty-first century had been largely forgotten and completely ignored. The Likud coalition in Israel in 2023 - 2024 was in complete agreement with Hamas’ sponsor that no negotiations …

Policing Emotions: What Social Psychology Can Teach Fourth Amendment Doctrine, Wayne A. Logan

Buffalo Law Review

No abstract provided.

Analyzing Trauma-Informed Courtrooms In A Midwestern State Of The United States: Comparisons Between Rural And Urban Jurisdictions, April Terry, Ziwei Qi

Criminal Justice Faculty Publications

This study investigates the implementation of trauma-informed practices in various court settings, including juvenile and adult courtrooms, as well as specialized cases in areas such as family courts, domestic reconciliation, protection orders, and child in need of care (CINC) cases, within a single Midwestern state in the United States. The study targeted one rural and one urban judicial district. The authors sought to assess if, and how these practices are utilized to create an environment and workplace that fosters a needs-based, survivor-centered, resilience-building courtroom. Drawing from a holistic perspective on trauma and survivor-centered practices, this study utilized a mixed-methods approach, …

The Intersection Of Socio-Cultural System And Legislation: Family Protection Laws In Palestine And Gender Equality, Muayad K. Hattab, Fayez A. Mahamid

An-Najah University Journal for Research - B (Humanities)

Arabic and Muslim societies still fear every new proposition or change that could lead to the enhancement of women’s economic liberation or could undermine male domination over women. The social and religious panic associated with the proposed law on “Family Protection Law from Violence” that has been witnessed in Palestine, is a clear illustration of this fear. Objective: The aim of this study is to examine the impact that religious and social culture has on promulgating new laws that are directly connected to issues of women’s rights and gender equality in the Muslim community, where Palestine is the example …

W&L Law Library Newsletter, Vol. 4, Iss. 1 (Dec. 2024), The Law Library At Washington And Lee University School Of Law

W&L Law Library Newsletter

W&L Law Library Newsletter, Volume 4, Issue 1 (December 2024).

The Inclusivity Of Emotional Abuse Definitions And Interest Groups, Alexandria Banning

Bridges: A Journal of Student Research

Cases of emotional abuse involving children have been previously associated with long lasting physical and psychological issues among those who experience it. Previous research has linked the significant underreporting of emotional abuse cases with the use of vague and unclear definitions of emotional abuse as it involves minors. Creating a concise and inclusive definition has proven to be difficult because of a lack of physical evidence to support claims, thus each of the 50 US states has a different definition for what constitutes emotional abuse. Why do definitions vary in the first place? Here, I hypothesize that states with more …

Stakeholder Fairness And Corporate Social Impact: The Behavioral Economic Structure Of Corporate Law, Eli Bukspan

Michigan Business & Entrepreneurial Law Review

This study aims to bridge the gap between stakeholder capitalism—manifesting today in the evolving corporate social impact paradigm—and the historical shareholder primacy of corporate law. The emerging view of corporate purpose, particularly stakeholder capitalism, is closely related to the notion of fairness. This article demonstrates—by looking mainly at Israeli corporate law—that certain foundational concepts of behavioral economics better describe and justify the recent prominence of stakeholderism and the rejuvenated discourse of corporate social impact and purpose than does neoclassical economic theory. It concludes that the “fairness principle” provides a strong rationale for assimilating stakeholder expectations into the DNA of modern …

An Empire Of Anti-Democracy: The Imperial Legacies Of American Territorial Labor, Jedidiah J. Kroncke

Washington Law Review

A great deal of recent attention has been given to acknowledging the full historical scope of American empire and its legal foundations. A recurrent focus of this attention has been the impact of the Insular Cases—a set of early twentieth century doctrines that legitimate American territorial acquisitions while denying their full incorporation under the United States Constitution. Issues of political citizenship and property have thus predominated critical work on the Insular Cases.

This Article expands on this resurgent interest by focusing on another critical element of this acknowledgment: the history of territorial labor which has long been central …

Constitutionalism, Social Justice, And Social Contract: Unpacking The Debate On Scheduled Caste Reservation For Christian And Muslim Dalits, Arvind Kumar

National Law School Journal

This article examines the constitutional, historical, and political debates surrounding the demand for extending Scheduled Caste (SC) status to Christian and Muslim Dalits in India. Drawing on Constituent Assembly Debates, archival materials, judicial decisions, government affidavits, petitions, and my previous scholarship, it challenges the claim that SC reservation was originally conceived as religion-neutral. The article argues that SC reservation emerged as a specific pre-constitutional agreement rooted in the Poona Pact and designed to address the historical injustice of untouchability within Hindu society. Its provisions were subsequently extended to Sikh and Buddhist converts under particular historical and political circumstances but did …

Metagenomic Sequencing For Early Detection Of Future Engineered Pandemics: Foreshadowing The Privacy Challenge, Nir Eyal, Bridget Williams, Kevin M. Esvelt, Jane R. Bambauer

UF Law Faculty Publications

In this commentary, we imagine how a global system of metagenomic sequencing could be governed in order to reap the benefits and manage the risks. Global institutional engineers and their academic partners would need to develop a new governance model to ensure that all partners involved in a global metagenomic surveillance system cooperate as needed.

Legal Chefs’ Appetizing Taglines To Engage Consumers In The Age Of Social Media: The Struggle Against Trademark Genericide, Emily Mcdonald

Journal of Food Law & Policy

Many have heard the phrases “raisin bran,” “escalator,” “nylon,” and “aspirin,” all of which are “old” trademarks that have undergone genericide. Genericide occurs when a trademark has become common from the customer’s perspective concerning specific goods or services rather than associated with the source, which is usually the company that registered the trademark. In short, businesses are no longer able to use the trademark exclusively. Another common trademark phrase that became generic was “Taco Tuesday.” In light of the prolific use of social media today, recent data and statistics show that “food” has become a predominant category and trend on …

Critical Analysis Of Archival Data: The Alvarado V. Episd Case, Mauro Alfredo Hinojosa

Open Access Theses & Dissertations

This research analyses the Alvarado vs. El Paso Independent School District legal files, housed at the Sonnichsen Special Collections Department, The University of Texas at El Paso Library. This dissertation explored the following questions: Research question 1 (RQ1): What are the political and social-cultural contexts of the Alvarado case based on the Archives?; and Research Question 2 (RQ2): impact on school education, to include themes in policy and leadership. A qualitative research approach framed through Latino Critical Race Theory exposes how the U.S. education system has historically reinforced White perspectives and marginalized Latino groups, specifically focusing on Mexican-American students in …

Harvesting Hope: How La Casa De La Cultura Serves Migrant Families Through Health And Advocacy Programs, Ana Ruiz

Capstone Projects and Master's Theses

This project aims to enhance community engagement in Pajaro through strategic outreach and marketing efforts for weekly meetings hosted at La Casa de la Cultura. By increasing awareness and participation, the initiative seeks to empower residents, especially those from marginalized backgrounds, to access vital resources and services. The project will collect data on attendance and community interests, leading to more tailored presentations that address pressing concerns. Ultimately, this outreach aims to foster a unified, informed community capable of advocating for its needs and accessing available support systems effectively.

How White Supremacy Travels Through Time: Anti-Literacy Laws, Dei Bans, And The Issue Of Black Self-Determination In Public Health., Nicole V. Ford

Electronic Theses and Dissertations

This dissertation used a qualitative policy content analysis (PCA) of historical anti-literacy laws and modern DEI bans to answer two research questions: What is the connection between anti-literacy laws and DEI bans? How do anti-literacy laws and DEI bans create an environment that maintains white supremacy? A PCA exercise informed the analysis of historical anti-literacy laws in South Carolina (1834), Georgia (1829), North Carolina (1830), Louisiana (1830), Virginia (1831), and Alabama (1833) and modern DEI bans in Texas (2023), Alabama (2024), and Florida (2023) to find the connection between the laws. Findings from this dissertation illustrate how white supremacy operates …

Was 2024 A Good Year For You? Let’S Review Your Yardsticks…, Seow Hon Tan, Su Ching Lim

Research Collection Yong Pung How School Of Law

This op-ed encourages all to reflect on their year and examine whether they have lived meaningfully according to their yardstick of meaning, the legacy they want to leave behind, and whether their talents and credentials are empowering and enabling, rather than restricting them. It is written as part of a research project examining success and flourishing in Singapore.

Disputing Personal Data In The Eu-China Comprehensive Agreement On Investment, Mark Mclaughlin

Research Collection Yong Pung How School Of Law

This chapter analyses the emerging data realms in China and the European Union against the backdrop of the Comprehensive Agreement on Investment (CAI). It examines the link between data protection and investment flows and undertakes a comparative analysis of the PIPL and GDPR. Moreover, this chapter will also analyse the Digital Silk Road in promoting China’s model of data sovereignty. While early trade and investment agreements did not consider data relevant for the regulation of cross-border commerce, modern treaties are increasingly cognisant of rules for data protection. As such, the data-related provisions of the CAI will be placed in the …

United States Environmental Protection Agency Response To The Ofiice Of Science And Technology Policy Memo, 2022: Public Access Plan (December 2024)

Copyright, Fair Use, Scholarly Communication, etc.

EPA response to OSTP memo, 2022: Public Access Plan (December 2024)

United States Fish And Wildlife Service Response To The Office Of Science And Technology Policy Memo, 2022: Public Access Plan (December 2024)

Copyright, Fair Use, Scholarly Communication, etc.

FWS response to OSTP memo, 2022: Public Access Plan (December 2024)

United States Department Of Defense Response To The Office Of Science And Technology Policy Memo, 2022: Public Access Plan (December 2024)

Copyright, Fair Use, Scholarly Communication, etc.

DOD response to OSTP memo, 2022: Public Access Plan (December 2024)