Legal Studies Commons^™

Book Review Essay: Jewish And American Law: A Comparative Study. (Vols. 1 And 2) By Samuel J. Levine, Marie A. Failinger

Touro Law Review

No abstract provided.

Conceptualizing The Unspeakable: A Conceptual Metaphor Theory Analysis Of Sexual Assault Trauma In Creative Nonfiction, Ariana Ciamaricone

West Chester University Master’s Theses

This paper explores the use of conceptual metaphors (CMs) in two works of creative nonfiction, namely Laurie Halse Anderson’s (2019) Shout and Elissa Washuta’s (2014) My Body is a Book of Rules. Anderson’s (2019) poetic memoir centers on her experiences with sexual assault throughout her childhood and the process of writing her young adult novel Speak (1999). Washuta (2014) writes on her experiences with rape and mental illness via prose. Both memoirs detail their authors’ reckoning with the experience of sexual assault, and this paper investigates how trauma narratives attempt to “resolve what cannot be resolved, to generate meaning, …

Salary History And The Equal Pay Act: An Argument For The Adoption Of “Reckless Discrimination” As A Theory Of Liability, Kate Vandenberg

Northwestern Journal of Law & Social Policy

The Equal Pay Act (EPA) purports to prohibit employers from paying female employees less than male employees with similar qualifications; however, the affirmative defenses provided in the EPA are loopholes that perpetuate the gender pay gap. In particular, the fourth affirmative defense allows for wage differentials based on a “factor other than sex.” Many federal circuits have read this defense broadly to include wage differentials based on salary history. That is, an employer can pay a female employee less than her male counterparts because she was paid less by her previous employer. While salary history was once viewed as an …

Stepping Into The Shoes Of The Department Of Justice: The Unusual, Necessary, And Hopeful Path The Illinois Attorney General Took To Require Police Reform In Chicago, Lisa Madigan, Cara Hendrickson, Karyn L. Bass Ehler

Northwestern Journal of Law & Social Policy

No abstract provided.

Battle Of The Sexes: A History Of Social Change And A Solution For Maintaining A Child’S Best Interest In Light Of The #Metoo Movement, Jackie Calvert

Indiana Journal of Law and Social Equality

No abstract provided.

Families Belong Together: The Path To Family Sanctity In Public Housing, Mckayla Stokes

Northwestern Journal of Law & Social Policy

In its 2015 landmark civil rights decision in Obergefell v. Hodges, the Supreme Court finally held that the Equal Protection and Due Process Clauses of the United States Constitution guarantee same-sex couples’ marital equality. The Court’s unprecedented declaration that the right to marry is a fundamental right under the Due Process Clause strengthened married couples’ right to privacy because it subjects government actions infringing on marital unions to heightened scrutiny. The Supreme Court has the option to minimize the impact of Obergefell by interpreting the right to marriage very narrowly—as only encompassing the right to enter into a state-recognized union …

Panel Discussion: The Right To Education: With Liberty, Justice, And Education For All?

Northwestern Journal of Law & Social Policy

No abstract provided.

The “Step-Child Of Scholarly Investigation”: Preliminary Observations About The Origins Of Academic Jewish Law Scholarship, David Hollander

Touro Law Review

No abstract provided.

Keeping Faith With Nomos, Steven L. Winter

Touro Law Review

No abstract provided.

Black Resistance: Interpretive Agency Enacted Against Mutable Violence, Meera Kolluri

Scripps Senior Theses

Titled Black Resistance: Interpretive Agency Enacted Against Mutable Violence, my research discusses a reformed understanding of racial trauma and autonomy. I elaborate on the common reading of slavery in political thought and defend my argument with modern examples of resistance and theory. This text aims to shine light on assumptive narratives by classifying and redefining mutable violence against black America.

Are Opinions On Abortion Based On Racial Attitudes?, Ashley Mueller

Williams Honors College, Honors Research Projects

My specific research question that I will be addressing through my Honors Research Project is; Does one’s race influence their opinions and criminalization of abortion in the United States? In addition to this question I will be discussing if these views have changed over time depending on race, and how their backgrounds, due to their race, may differentiate these views.

"May We Be Buried Alive Together": Towards An Intersectional Feminist True Crime Praxis, Alexandra White

Pomona Senior Theses

Most mainstream true crime narratives revolve around a corpse. It is usually the body of a woman. The body is most often white. Not always, but in the cultural imaginary, she is blonde. She comes from a good family. She was a sweet girl. What happened to her? While this question haunts the general public, it also animates true crime communities as the victim becomes a symbol of innocence, a site of spectacular violence, and evidence of the incomprehensible extreme of human behavior. The question brings (primarily) white, cis women true crime fans together in the name of fascination, fear, …

The Road To Human Emancipation - The Moral And Political Foundations Of Markets, William Shi

CMC Senior Theses

The thesis aims to provide both a real public ideology and the legal and socioeconomic structures to realize Karl Marx’s ideal of human emancipation. Marx argues that in capitalist society, the legal and political superstructure forces the ruling class to represent its interest as the public interest, which legitimizes the massive inequality in resources and social power. To demonstrate how to realize the substantive public interest, the two parts of the thesis have two goals. The first part aims to formulate a rightful candidate to the public ideology of human emancipation, which represents the substantive public interest rather than the …

Acts Of Meaning, Resource Diagrams, And Essential Learning Behaviors: The Design Evolution Of Lost & Found, Owen Gottlieb, Ian Schreiber

Articles

Lost & Found is a tabletop-to-mobile game series designed for teaching medieval religious legal systems. The long-term goals of the project are to change the discourse around religious laws, such as foregrounding the prosocial aspects of religious law such as collaboration, cooperation, and communal sustainability. This design case focuses on the evolution of the design of the mechanics and core systems in the first two tabletop games in the series, informed by over three and a half years’ worth of design notes, playable prototypes, outside design consultations, internal design reviews, playtests, and interviews.

Human Rights? What A Good Idea! From Universal Jurisdiction To Crime Prevention, Daniel Feierstein

Genocide Studies and Prevention: An International Journal

Over the last decades, Genocide Studies has entered in a “comfort zone.” With fellowships and support from governments or NGOs, we have developed a very comfortable environment in which the knowledge we produce about genocide prevention is neither critical nor useful. We have become trapped by assumptions we have never checked against reality and many of us have chosen to work inside the circle of those assumptions: genocide and mass violence are horrible acts committed by horrible people; we cannot stand by and do nothing; we have the responsibility to protect civilian populations and that responsibility takes the form, as …

[Introduction To] Rap On Trial: Race, Lyrics, And Guilt In America, Erik Nielson, Andrea L. Dennis, Killer Mike

Bookshelf

A groundbreaking exposé about the alarming use of rap lyrics as criminal evidence to convict and incarcerate young men of color

“If you believe that I’m a cop killer, you believe David Bowie is an astronaut.” —Rapper Ice-T, on the persona he adopted in the song “Cop Killer”

Should Johnny Cash have been charged with murder after he sang, “I shot a man in Reno just to watch him die”? Few would seriously subscribe to this notion of justice. Yet in 2001, a rapper named Mac whose music had gained national recognition was convicted of manslaughter after the prosecutor quoted …

The Art Of Occupation : Crime And Governance In American-Controlled Germany, 1944–1949, Thomas J. Kehoe

Ohio University Press Open Access Books

The literature describing social conditions during the post–World War II Allied occupation of Germany has been divided between seemingly irreconcilable assertions of prolonged criminal chaos and narratives of strict martial rule that precluded crime. In The Art of Occupation, Thomas J. Kehoe takes a different view on this history, addressing this divergence through an extensive, interdisciplinary analysis of the interaction between military government and social order.

Focusing on the American Zone and using previously unexamined American and German military reports, court records, and case files, Kehoe assesses crime rates and the psychology surrounding criminality. He thereby offers the first comprehensive …

Ua12/2/2 2019 Talisman: Balance, Wku Student Affairs

WKU Administration Documents

2019 Talisman yearbook.

• Mohr, Olivia. Balance
• Lunte, Hailee. That Warm Feeling Autumn Took from Me
• Dozer, Claire. Mother Load – Savannah Ranney
• Hubbs, Annalee. Tap After Hours – Dance
• Lancaster, Emily. Opposites Attract – Maddie Rediker & Cameron Blankenship
• Jones, Sydney. Delving into the Dirty – Taylor Gossage, Lion’s Den
• Chu, Phi. Snow Song
• Gordon, Zora. Spells & Spirit – Kristen Dalby, Witchcraft
• Powers, Noah. What is Left – Kelly Meredith, Identity Theft
• Aklilu, Bethel. Uprooting – International Students
• Steffey, Raegan. The Dirty Art Kids
• Dieudonne, Nadia. Self Starteres – Entrepreneurs
• Bass, Morgan. Young & Partisan – Politics
• Powers, Noah. …

Terrorism And Its Legal Aftermath: The Limits On Freedom Of Expression In Canada’S Anti-Terrorism Act & National Security Act, Percy Sherwood

FIMS Publications

This analysis aims to demonstrate how s. 83.221 in Bill C-51 is likely to violate freedom of expression guaranteed under the Charter. The first section employs the two-step Irwin Toy analysis to show that the speech offense infringes upon s. 2(b) of the Charter. The second section uses the Oakes test to determine whether the breach of freedom of expression is a reasonable limit. On whether the speech offense can be justified under s. 1 of the Charter as a reasonable limit, the legislation fails at the third and fourth step of the Oakes test. Section three of this paper …

Children Of A Lesser God: Reconceptualizing Race In Immigration Law, Sarah L. Hamilton-Jiang

Northwestern Journal of Law & Social Policy

The increased public exposure to the experiences of Latinx unaccompanied children seeking entry at the United States southern border has revealed the lived reality of the nation’s pernicious immigration laws. The harrowing experiences of unaccompanied children are amplified by their interaction with a legal system plagued by a legacy of systemic racism and sustained racial caste. While immigration law currently affords minimal legal protections for these children, in application, the law continues to fall egregiously short of providing for the safety of unaccompanied children. Though critics have long attested to the legal system’s neglect of unaccompanied children, subsequent legal analysis …

“Un Sistema Abandonado”: Una Investigación Sobre El Acceso A Servicios De Salud Sexual Integral Para Mujeres Privadas De La Libertad En Argentina. / “An Abandoned System”: An Investigation Into The Access Of Comprehensive Sexual Health Services For Incarcerated Women In Argentina., Erica Harp

Independent Study Project (ISP) Collection

En esta investigación, exploramos algunas percepciones del acceso a servicios de salud sexual integral para mujeres privadas de su libertad en Argentina. Las mujeres tienen necesidades de salud muy específicas, y aunque cada una tiene el derecho humano a una atención de salud adecuada, esto no se cumple en muchos casos. Con respecto a la salud en contextos de encierro, Argentina sigue las reglas de Bangkok, leyes federales y provinciales, que requieren atención médica adecuada para mujeres. Investigaciones anteriores han mostrado que hay una gran falta de atención médica en los sistemas penitenciarios del país, específicamente de servicios complementarios como …

Systems Of Crime And Castigation: A Reevaluation Of The Punishment Bureaucracy, Lia Pikus

Independent Study Project (ISP) Collection

Models of reform within the criminal justice system often operate from a top-down perspective, affecting change on surface levels to attempt to better the system. One example of such a reform is Scotland’s Presumption Against Short Sentences. These kinds of changes, as I will illustrate in this paper, both fall short of achieving genuine change and often produce negative side effects. However, a few countries have made deeper changes to the ways their systems both view and handle crime and punishment; one such system is Norway. Through rehabilitation and restorative justice, Norway has greatly decreased rates of recidivism, increased social …

Law Versus Action: How Five Cape Town Organizations Are Combating High Rates Of Sexual Assault And The Failure Of Progressive Sexual Offences Legislation, Anna Tinker

Independent Study Project (ISP) Collection

This Independent Study Project (ISP) seeks to understand the work various Cape Town organizations are doing to help survivors of sexual assault gain access to justice. Previous research finds that social norms defining masculinity as well as rape myths and stereotypes lead to the high levels of gender-based violence (GBV) in South Africa. This research led to my hypothesis that organizations fighting GBV would target these norms to help survivors access the justice system that so frequently ignores them. Eight organizations were contacted requesting an interview to discuss their work and two agreed to participate. Participants were asked to discuss …

Inequality In Crime And The Criminal Justice System, Kyleigh A. Dinnien

Student Publications

This piece is to reflect upon the current criminal justice system we currently live in. There are significant gaps in reform and punishment when looking at minorities. This paper reflects the corruptness that is the criminal justice system and the segregated world we continue to live in today.

The Remarkable First 50 Women Law Graduates Of St. Mary’S University: Part One, Regina Stone-Harris

St. Mary's Law Journal

Abstract forthcoming

Not-So-Decriminalized: Consequences Of Intersectional Identity For Migrant Sex Workers In Switzerland, Teagan Langseth-Depaolis

Independent Study Project (ISP) Collection

Sex work in Switzerland, which was decriminalized long ago, has been regarded as one of the most liberal systems of sex work in the world. However, this reputation is contested when factoring in the interaction between immigration and sex work policies. Migrant sex workers in Switzerland are put at a precarious intersection of decriminalized sex industry and restrictive migration policy and attitudes, and are not addressed or protected from violations of the law or violations of their human rights. Using databases containing Swiss legislation, I will critically examine the intersectional effects of migration policy and the treatment of migrants on …

Defying Mcculloch? Jackson’S Bank Veto Reconsidered, David S. Schwartz

Arkansas Law Review

On July 10, 1832, President Andrew Jackson issued the most famous and controversial veto in United States history. The bill in question was “to modify and continue” the 1816 “act to incorporate the subscribers to the Bank of the United States. This was to recharter of the Second Bank of the United States whose constitutionality was famously upheld in McCulloch v. Maryland. The bill was passed by Congress and presented to Jackson on July 4. Six days later, Jackson vetoed the bill. Jackson’s veto mortally wounded the Second Bank, which would forever close its doors four years later at the …

Overruling Mcculloch?, Mark A. Graber

Arkansas Law Review

Daniel Webster warned Whig associates in 1841 that the Supreme Court would likely declare unconstitutional the national bank bill that Henry Clay was pushing through the Congress. This claim was probably based on inside information. Webster was a close association of Justice Joseph Story. The justices at this time frequently leaked word to their political allies of judicial sentiments on the issues of the day. Even if Webster lacked first-hand knowledge of how the Taney Court would probably rule in a case raising the constitutionality of the national bank, the personnel on that tribunal provided strong grounds for Whig pessimism. …

M'Culloch In Context, Mark R. Killenbeck

Arkansas Law Review

M’Culloch v. Maryland is rightly regarded as a landmark opinion, one that affirmed the ability of Congress to exercise implied powers, articulated a rule of deference to Congressional judgments about whether given legislative actions were in fact “necessary,” and limited the ability of the states to impair or restrict the operations of the federal government. Most scholarly discussions of the case and its legacy emphasize these aspects of the decision. Less common are attempts to place M’Culloch within the ebb and flow of the Marshall Court and the political and social realities of the time. So, for example, very few …

Mcculloch At 200, David S. Schwartz

Arkansas Law Review

March 6, 2019 marked the 200th anniversary of the Supreme Court’s issuance of its decision in McCulloch v. Maryland, upholding the constitutionality of the Second Bank of the United States, the successor to Alexander Hamilton’s national bank. McCulloch v. Maryland involved a constitutional challenge by the Second Bank of the United States to a Maryland tax on the banknotes issued by the Bank’s Baltimore branch. The tax was probably designed to raise the Second Bank’s cost of issuing loans and thereby disadvantage it relative to Maryland’s own state-chartered banks. Marshall’s opinion famously rejected the Jeffersonian strict-constructionist argument that implied powers …