Legal Studies Commons^™

Rhetorical (Re)Inscription Practices Among Black Intercollegiate Football Participants In The Era Of Name, Image And Likeness, Mikayla Beaudrie

UNF Graduate Theses and Dissertations

When intercollegiate athletic participants were permitted the right to profit off of their name, image and likeness (NIL), the landscape of college sports was fundamentally changed. This qualitative explanatory case study investigated one consequence of that change: the discourse of amateurism. The National Collegiate Athletic Association (NCAA) has historically identified participants in the athletic programs it oversees with the word “student-athlete.” In the years since the word was first introduced, its meaning has generally been static. In short, the linguistic sign “student-athlete” has been signified in and by the discourse to reflect the amateur status of collegiate sport participants, emphasizing …

Assessing The Sustainable Development Dimensions Of Environmental Public Policies For Protected Natural Areas In Mexico: A 1970-2018 Perspective, Cielo María Ávila López, José Israel Herrera

Journal of Maya Heritage

Abstract: This abstract discusses the challenges and issues related to the implementation of Environmental Public Policies (EPP) for Protected Natural Areas (PNA) in Mexico from 1970 to 2018. EPPs aim to achieve sustainable development by balancing economic, environmental, and social dimensions while reconciling conservation and the use of natural resources with restrictions on their use and economic compensation to communities. However, the results of this study reveal that the establishment of PNA has been unilateral and without consensus, leading to limitations on communities' use of the environment without granting them economic compensation or productive alternatives. This has resulted in conflicts …

"I Call It Hunting": Centuries Of Violence Against Native American Women, Antonia Felix

Educational Leadership Department Publications

Native American and Pacific Islander women are missing and murdered at an alarming and relentless rate. The history of violence against this population starts with European contact in the fifteenth century and continues to this day with Native women suffering the highest rate of sexual assault per capita in the nation. This panel presentation held in observance of the International Day of Eliminating Violence Against Women concludes with a recognition of Native American resilience and actions all Americans can take to help reduce these crimes.

Megaproyectos Y Su Impacto En Derechos Humanos En Una Comunidad De Origen Maya: Yaxhá, Yucatán, México., Gonzalo Manuel Herrera Canché

Journal of Maya Heritage

Abstract: The current development of extractive megaprojects in Latin American countries has had a significant impact on their societies and environments. This research addresses the issue of the impacts of extractive agricultural megaprojects on the environment, society and the economy, specifically the case of a pig farm in the community of Yaxhá, located in the municipality of Muna, Yucatán. The identified impacts are mainly attributed to the lack of strong and committed political institutions, lax environmental legislation, and the absence of an operating system, which facilitates human rights violations related to the environment, society, and access to information. In this …

Political Feasibility And A Global Climate Treaty, David Lefkowitz

Philosophy Faculty Publications

I contend that to be politically feasible a global climate treaty must satisfy the International Paretian principle (IP). I begin by defending IP as a principle of instrumental rationality that reflects the fact of extremely limited altruism vis-à-vis foreigners. I then address two objections to my thesis. One holds that an IP treaty is either economically infeasible or, contrary to its proponents’ claim, does not require side payments from poor states to rich ones. The other holds poor states will reject any climate treaty that requires such side payments because it ignores or exacerbates their unjust treatment by rich states.

Book Review: Kings, Conquerors, Psychopaths: From Alexander To Hitler To The Corporation, Tim Bakken

Genocide Studies and Prevention: An International Journal

The book Kings, Conquerors, Psychopaths is a survey of a vast amount of human wrongdoing. It lays bare the motivations of aggressors who wish to subjugate nations or groups of people and corporate executives and government bureaucrats who make discretionary decisions that harm people. Along with cataloging mass killings by despots and soldiers, the book includes stories about Ponzi-schemers and the deaths of automobile drivers and passengers who were killed by vehicle defects known to the manufacturer. The book posits that “[p]owerful, elite forces are trying to force us backward toward a non-democratic state, one where power, wealth, and prerogative …

Challenges Of Accessibility Of A Community Heritage Tourist Route: The Route Of The Caste War, Cecilia S. Medina Martín, David E. Tamayo Torres, Margarita De A Navarro Favela, Fredi R. Un Noh

Journal of Maya Heritage

This article presents the results of an accessibility analysis of The Caste War Route (RGC), prior to its commercialization as a community heritage product. The analysis consists of a diagnosis of the resource to establish destination-planning strategies. The accessibility diagnosis goes beyond adapting physical spaces for transit, considering that the resource is accessible to all types of people, including economic, spatial and temporal accessibility, criteria on which the research focuses.

The diagnosis was prepared through a multidisciplinary investigation that collected information from different sectors with qualitative and quantitative tools that combined the recording of data and the opinion of the …

Making Your Spring Break Sustainable: Can Tourism Be A Driver For Positive Environmental Change?, Katherine Ort

Journal of Maya Heritage

The Riviera Maya has undergone rapid development in the last few decades due to increased demand for tourism, putting pressure on surrounding ecosystems and cultural sites. As demand for tourism shows no signs of decreasing, there is an ever-increasing need for effective management solutions. The town of Puerto Morelos is striving to forward sustainable tourism based on its natural and cultural assets. As a new municipality, it has the chance to shape policy from a relatively blank canvas. This study involved collecting data about the different perspectives of key stakeholders through qualitative interviews and surveys to understand if the views …

One Crisis Or Two Problems? Disentangling Rural Access To Justice And The Rural Attorney Shortage, Daria F. Page, Brian R. Farrell

Washington Law Review

We have all seen the headlines: No Lawyer for Miles or Legal Deserts Threaten Justice for All in Rural America. There is a substantial body of literature, across disciplines and for diverse audiences, that looks at access to justice in rural communities and geographies. However, in both the popular and scholarly imaginations, the access to justice crisis has been largely conflated with the shortage of local attorneys in rural areas: When bar associations, lawyers, and legal academics define the problem as not enough lawyers, more lawyers become the obvious solution. Consequently, programs aimed at building pipelines from law schools …

Motivation, Activism, Speech, Dennis Patillo

Writing Beyond the Prison Living Archive

Essay

"The Best Interests Of The Child:" Parental Claims In Nebraska Child Custody Cases, 1877–1924, Esme Krohn

Digital Legal Research Lab

Research poster titled "The Best Interests of the Child:" Parental Claims in Nebraska Child Custody Cases, 1877–1924; presented via the Digital Legal Research Lab NSF REU Site, University of Nebraska–Lincoln, August 2023.

Advisor: Katrina Jagodinsky

The (Im)Mobility Of Being: The Anti-Black And Colonial Roots Of Contemporary Policing, Korey Tillman

Sociology ETDs

Popular debates over policing often revolve around spectacular forms of police violence that grab national media attention. In this study, I examine the everydayness of contemporary U.S. policing and the antiblack and colonial roots that sustains its many forms. Drawing on three years of ethnographic fieldwork with a grassroots abolitionist organization and homeless service provider, and 23 interviews with Black adults across the U.S., I show how mundane policing serves as sites of racialization where the category of human is contested. I offer stops as an analytic to observe how these mundane forms of policing occur in places such as …

Habeas At Home And Heart: Progressive Era Cases Of Spousal Confinement To Nebraska's Psychiatric Households, Isabelle Childs

Digital Legal Research Lab

No abstract provided.

Love Unchained: For Black Women, Monsour Owolabi

Writing Beyond the Prison Living Archive

poetry

Aotearoa New Zealand, The Forcible Transfer Of Tamariki And Rangatahi Māori, And The Royal Commission On Abuse In Care, David B. Macdonald

Genocide Studies and Prevention: An International Journal

This article investigates to what extent the forcible transfer of tamariki and rangatahi Māori (Indigenous children and youth) in Aotearoa New Zealand can be considered genocide. First, I begin by exploring contemporary genocide theory as it relates to dolus eventualis in settler colonial contexts, before engaging with precedents for recognizing Indigenous genocides established by truth commissions in Canada (2015; 2019) and Australia (1997). I then explore the history around Indigenous child removal in Aotearoa from the onset of colonization to the present day, attentive to ways in which the UN Convention can apply to the forced removal of Māori children. …

Good State, Bad State: Gender, Multiculturalism And Religious Law In India, Rina V. Williams

Future Journal of Social Science

What role(s) can the state play when cultural rights come into conflict with women’s rights? This article compares conceptions of the state in the normative literature against two empirical cases of multicultural debate in modern India: Islamic law in the 1980s and Hindu law in the 1950s. I find that three conceptions of the state found in the normative literature—oppressive, facilitative, and vacated states—are only partially supported in the empirical cases, which proffer some support for the state as oppressive, but little or none for the state as facilitative or vacated. They also indicate a fourth model …

Entextualización Del Discurso Político En Colombia. Análisis Glotopolítico Del Proceso De Escritura De La Constitución De 1991, Jorge Luis Alvis-Castro

Dissertations, Theses, and Capstone Projects

Although constitutions are part of the canon of disciplinary writings, along with grammar books and etiquette manuals, and are also central texts in the processes of formation and consolidation of Latin American nation-states, to date, they have not been sufficiently explored in their social and linguistic processes of discursive elaboration. With a glottopolitical approach, this research examines the social, communicative and ideological components involved in the writing process of the Colombian Constitution of 1991, developed in a context of State crisis and violence aggravated by narco-terrorist attacks. Using the concept of entextualization, which refers to the process of extracting discourse …

Social Creatures: The Impact Of Solitary Confinement On Psychophysiological Health And How Inmates Percieve Their Humanity And Social Well-Being, Julia Austin

Honors Projects

This paper will define and examine the use of solitary confinement within the United States prison system and review its mental, physical, and social impacts. As social creatures, human mental and physical well-being depends on meaningful social interactions absent in segregation units. As it currently stands, vulnerable populations, including racial minorities, LGBTQIA+ individuals, and those with developmental disabilities or psychological disorders, are at risk of irrevocable harm and abuse within these facilities from staff as well as other inmates. With a rotating 80,000 inmates held in solitary confinement every day, the current structure of the prison system deemphasizes rehabilitation and …

At The End Of Life: Conceptualizing Human Dignity And Assisted Suicide Debates In Contemporary Germany, Edith-Marie Green

Honors Theses

As medicine improves and breakthroughs on cures for illnesses formerly thought deadly continue to develop, the global population continues to age. This has introduced new concerns about aging and end-of-life health care. One proposed end-of-life healthcare solution is assisted suicide, although the practice is not without its controversies. The case of assisted suicide in Germany is of particular interest for a variety of reasons, and the practice has not had an easy path there. A series of debates in 2015 led to the practice being banned, but that ban was overturned in 2020 by Germany’s Constitutional Court. While assisted suicide …

The Ambiguity Of Probable Cause And Its Contentious Application By Police, Dave Sainte-Luce

College Honors Program

It is well documented how our country’s Criminal Justice System has a history of targeting people of color. A lot of this contention is derived from police officers’ behavior when interacting with individuals, yet officers only act upon the laws and legal policies that grant them authority, including probable cause. My thesis addresses the question, how does the fluid and ambiguous nature of probable cause leave the door open for officers to disproportionately target people of color in the United States? While focusing on vehicle, person, and property searches, I first define probable cause, building an understanding of exactly what …

Volume 14, Ireland Seagle, Dalton C. Whitby, Cassandra Poole, Rachel Cannon, Heidi Parker-Combes, Devon G. Shifflett, Antonio Harvey

Incite: The Journal of Undergraduate Scholarship

Table of Contents:

• Introduction: Dr. Amorette Barber
• From the Editor: Dr. Larissa "Kat" Tracy
• From the Designers: Rachel English, Rachel Hanson
• Hungry Like the Wolf: The Wolf as Metaphor in Paramount Network’s Yellowstone: Ireland Seagle
• “Floating Cities”: Illustrating the Commercial and Conservation Conflict of Alaskan Cruise Ship Tourism: Dalton C. Whitby
• What Can You Do When Your Genes are the Enemy? Current Applications of Gene Manipulation and the Associated Ethical Considerations: Cassandra Poole
• La doble cara: un tema romántico en las obras de Larra y Hawthorne: Rachel Cannon
• Resolving a Conflict: How to …

One Among Many: Charlotte Kolmitz, Assistant U.S. Attorney In Seattle, 1918–1925, Anna Synya

Digital Legal Research Lab

One Among Many: Charlotte Kolmitz, Assistant U.S. Attorney in Seattle, 1918–1925

Research poster prepared for Digital Legal Research Lab, University of Nebraska-Lincoln

An Analysis Of Factors In The Policymaking Process That Enabled Prison Sentence Decreases Through The 2022 Organic Law Of Comprehensive Guarantee Of Sexual Freedom/La Ley Del Solo Sí Es Sí In Spain, Cambron Wade

Independent Study Project (ISP) Collection

To follow through on their ratification of the Istanbul Convention and public outcry after La Manada case, the Spanish Government passed the Organic Law of Comprehensive Guarantee of Sexual Freedom, also known as the law of only yes is yes (or la ley del solo sí es sí) - which came into effect on October 7, 2022. This law changed the Criminal Code by removing the distinction between sexual assault and sexual abuse, which previously caused victims to endure the difficult process of proving that there was violence and intimidation. By moving all sexual acts without consent under the category …

A New Atticus Is Afoot: The Portrayal Of Lawyers In Popular Culture, Anna Thrush

Senior Theses

This project analyzes the stereotypical image of lawyers in popular culture, focusing on either overly demonic or unrealistically heroic. Both stereotypes that are common portrayals of attorneys in popular culture are unrealistic and deny society a true comprehension of the profession. Popular culture has molded the image of lawyers to the characteristics that sell, rather than focusing on a realistic portrayal. Therefore, popular culture creates a falsely dramatized image of attorneys to generate revenue, putting the reputation and future of the profession as risk. These stereotypes are exemplified in this project through a close literary analysis of lawyer characters from …

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.

Standing Her Ground: Legal Constraints On Women Who Have Been Victims Of Violence, Janae E. Thomas

USF Tampa Graduate Theses and Dissertations

Women who have been the victim of violence have always been at a disadvantage under the laws in the United States because these laws stem from a patriarchal, sexist, heteronormative, and racist ideology under which this country was founded. Self- defense laws have shown to be no different and serve as a constraint to women who attempt to protect themselves at the hands of an abuser. This dissertation focuses on women who have been the victim of violence at the hands of an abuser to show that the law is not doing an adequate job of protecting them. It accomplishes …

The Impact Of The Canva Program On The Learning Of The Ninth Grade Students In Jordanian Schools Of Html, Maha Abu Maizer

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

This is a semi-experimental study that aims at measuring the impact of CANVA on the learning of ninth graders in a Jordanian school of HTML. 50 female ninth graders were randomly selected from 72 students in Aisha Bint Abi Baker school, and were distributed to two groups; control, which was taught traditionally, and experimental, which was taught with CANVA to learn HTML as a part of their computer curriculum. The researcher used a set of 20 multiple choice questions to test their knowledge achievement and skills. After checking the validity and reliability of the test. The results showed that there …

Court Review: Journal Of The American Judges Association, Vol. 59, No. 4, Eve M. Brank, David Dreyer, David Prince

Court Review: Journal of the American Judges Association

Articles

The Role of the Judge in Establishing a VTC, Mishkat Al Moumin, Judge Gayle Williams-Byers, and Amber Menchio

Prospective Jurors’ Attitudes Toward Voir Dire, Wendy P. Heath and Bruce D. Grannemann

Constitutional Losses and (Some) Statutory Wins for Criminal Defendants: Select Criminal Law and Procedure Cases from the Supreme Court’s 2022-23 Term, Eve Brensike Primus and Mark Rucci

Departments

Editor’s Note, David Prince

President’s Column: The American Judges Association--Making Better Judges Since 1959, and Continuing to Lead the Way! Catherine Carlson

Thoughts from Canada: Publication Bans--The Supreme Court of Canada Considers Their Impact Upon the Conflict between the Open …

Swerf Necropolitics: Three Sites Of Feminist Mistranslation And The Politics Of Feminist Exclusion, Aaron Hammes

Journal of Feminist Scholarship

The acronym SWERF, or Sex Work(er) Exclusive Radical Feminism, and its attendant ideologies brings up a number of questions and potential schisms for the enterprise of feminist thought more broadly. This inquiry examines what it means for feminism to exclude, what the excluders believe is gained by protecting certain boundaries around which identities and practices are included, and the ideological foundations and consequences of this thinking. SWERF logics are understood as mistranslations of the radical potentialities of feminism, clustered around three sites: exclusion (against bodily autonomy) , equivocation (between sex work and labor trafficking), and misrepresentation (of the sex worker …

The Role Of Procedural Justice In Policing: A Qualtative Assessment Of African Americans' Perceptions And Experiences In A Large Us City, Daniel K. Pryce, Ingrid Phillips Whitaker

Sociology & Criminal Justice Faculty Publications

Empirical studies have pointed to the increasing importance of procedural justice as a tool for improving the relationship between the police and local communities. The mediating role of procedural justice continues to be embraced by scholars, practitioners, and community members; as a result, we examine in the present study African Americans’ attitudes toward the police via the interpretive lens of procedural justice policing. Using procedural justice questions found in the social-psychology literature, we interviewed seventy-seven African Americans in Durham, NC, to assess their views about the U.S. police. Our results point to the following for improving the relationship between the …