Legal Studies Commons^™

Lessons Learned From Culture In Crisis; Or Protecting The Past To Save The Future, Laurie Rush

CHAR

At the midpoint of the second decade of the 21^st century, the world is experiencing deliberate destruction of cultural property at a scale not seen since the Second World War. Future protection and preservation of cultural heritage depends on learning from tragedy and applying these lessons as pro-actively as possible. First, we are discovering that no matter the threat, there are people who risk their lives to save artifacts and features of their culture, and the motives for this courage are retrospectively clear. For a community to survive a conflict or disaster as a corporate entity, elements of shared …

Keynote Address - When Violent Nonstate Actors Target Cultural Heritage Sites, Victor Asal

CHAR

Why would organizations attack or kill people at cultural heritage sites or destroy such sites? Using data from the Big Allied and Dangerous insurgent dataset that has data on 140 insurgent organizations from 1998-2012, and data from the Global Terrorism Database, this presentation examines the factors that make insurgent groups more likely to attack such sites or kill people at such sites. We look at the impact of organizational ideology, organizational structure and power as well as country level factors.

Mitigation, Response And Recovery, Richard Lord

CHAR

Abstract: Hurricane Harvey ravaged Texas and Louisiana nearly five years after Superstorm Sandy devastated the East Coast and caused 53 deaths, destroyed or severely damaged 100,000 Long Island homes, and left an estimated $42 billion in damages across New York State.

This session will provide an overview of the disaster relief and assistance programs available under the Stafford Act, when they are triggered, and how private non-profit and cultural institutions can plan for natural hazards and take full advantage of available aid. There will also be discussion of the NYS Hazard Mitigation Plan, the Community Risk and Resiliency Act, and …

Informing Responders Using Gis And Gps, Deidre Mccarthy

CHAR

Hurricane Katrina devastated the Gulf Coast in August 2005 and created the single largest disaster for cultural resources that the United States has witnessed since the inception of the National Historic Preservation Act (NHPA) in 1966. Notably, the NHPA created the National Register of Historic Places, our nation’s catalog of important cultural resources. The NHPA also stipulates that any federal undertaking which may adversely affect National Register eligible resources be mitigated. For the Federal Emergency Management Agency (FEMA), Katrina created the largest compliance project ever under Section 106 of the NHPA.

Although causing a great deal of damage, Katrina also …

Keynote Address: Climate Change: From Global To New York Scale, Christopher D. Thorncroft

CHAR

This talk is concerned with the science and impacts of climate change from global to New York scales. It will provide an assessment of how the climate has changed over the past Century based on a purely observational perspective. The scientific basis for anthroprogenic climate change will be explained and discussed including a description of the “greenhouse effect” and why it is important for life on this planet. We will briefly discuss global and local consequences of a warmer climate and what we need to be prepared for going forward in the coming decades.

Opening Keynote Address: Using Data To Understand Cultural Destruction, Brian I. Daniels

CHAR

Brian I. Daniels, Ph.D, Penn Cultural Heritage Center, University of Pennsylvania Museum.

Why is cultural heritage targeted in conflict? Under what circumstances? By whom? Today, due in part to the recent notorious instances of cultural destruction in the Middle East and North Africa, there is perhaps more attention among the broader scientific community than ever before about the phenomenon of cultural loss. At the same time, there are many significant data and analytical gaps. Little social science literature about cultural destruction exists and many critical questions—and avenues of research—are, as of yet, unstudied. A primary reason for this lack …

Hermeneutic Philosophies Of Social Science: Introduction, Babette Babich

Articles and Chapters in Academic Book Collections

No abstract provided.

Femmes, Migration, Et Prostitution En Europe: Il N’Est Pas Question De “Travail De Sexe”, Anna Zobnina

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

The New American Slavery: Capitalism And The Ghettoization Of American Prisons As A Profitable Corporate Business, David A. Liburd

Dissertations, Theses, and Capstone Projects

The labor of enslaved Africans and Black Americans played a large part in the history of colonial America, with the American plantation being the epicenter for all that was to be produced. While the two have never been completely tied together, capitalism and modern day slavery have been linked with one another. Some analysis sees slavery as a remote form of capitalism, a substitute, to an antiquated form of labor in the modern world.

Slave plantations adopted a new concentration in size and management, referred to by W.E. DuBois as a change "from a family institution to an industrial system."1 …

Volume 1, Issue 1 (2017) Inaugural Issue

International Journal on Responsibility

Contents:

1 – 4 Terry Beitzel, Who is Responsible to do what for Whom? A letter from the Editor-in-Chief.

5 – 20 Arun Gandhi, What Does Responsibility Mean to Me?

21 – 42 T.Y. Okosun, Political Flip-flopping, Political Responsibility, Current Governance, and the Disenfranchised.

43 – 54 Hal Pepinsky, Resolving the Paradox of Holding People Responsible.

55 – 66 Kendra A. Hollern, Dying with Dignity: Where is the Compassion in Compassionate Release Programs?

67 – 82 Sabiha Shala & Gjylbehare Muharti, Who is Responsible for Ethical Legal Education, for what and to whom? Case of Kosovo.

83 Acknowledgments.

Civic Tenderness: Love's Role In Achieving Justice, Justin Leonard Clardy

Graduate Theses and Dissertations

Martha Nussbaum’s work Political Emotions: Why Love Matters for Justice identifies the role that compassion plays in motivating citizens in a just society. I expand on this discussion by considering how attitudes of indifference pose a challenge to the extension of compassion in our society. If we are indifferent to others who are in situations of need, we are not equipped to experience compassion for them. Building on Nussbaum’s account, I develop an analytic framework for the public emotion of Civic Tenderness to combat indifference.

Civic tenderness is an orientation of concern that is generated for people and groups that …

Utilizing Title Vi As A Means To Eradicate Health Discrimination, Adrian D. Samuels, Mariah L. Cole

Journal of Health Disparities Research and Practice

Health disparities among people of color are persistent and detrimental to the overall wellness of these groups. Discrimination in the provision of health care services is one of the primary causes of health disparities. Title VI of the Civil Rights Act of 1964’s availability as a tool to prevent discrimination and, in turn, disparities among these groups is underdocumented. The legislative intent of Title VI and the historical context of the law have been helpful in its use outside of the health care arena to prevent discrimination. This sheds light on the ways that the law can influence the health …

Health Budget Tracking At Local Levels: A Training Manual For Uganda’S Youth Leaders And Advocates, Rehema Z. Namukose Ms.

Capstone Collection

Uganda’s decentralization policy was introduced in 1997 under the Local Government Act to transfer power from central government to local government levels. The main purpose was to promote participation of all citizens in decision making processes to enhance responsibility and accountable monitoring of services delivered to citizens at all levels. The policy “aimed to achieve efficiency and effectiveness” in services delivered and managed at lower levels (Kebba & Ntanda, 2005). But how were citizens at local levels going to participate in accountability processes? How would they monitor the quality of services delivered under this policy framework? In what ways were …

Is Community Based Policing The Answer? Yemen’S Fight Against Aqap, Maximilian Kaehler

Senior Theses

Throughout history we have seen drastic changes in methods for combating terrorism; however, as a society we have never been able to find an effective solution. In recent years we have seen countries use community based policing in an effort to fight terrorism at home; how would adopting community based policing efforts help or hurt countries throughout the Middle East in combating terrorism? I believe that implementing community based policing into these countries would drastically improve civilian and government relationships as well as hinder terrorists’ ability to recruit new member from these areas. I conduct a multi-case study then apply …

International Responses To Human Trafficking: A Comparative Secondary Data Analysis Of National Characteristics, Olivia Germaine Tuttle

UNLV Theses, Dissertations, Professional Papers, and Capstones

Human trafficking is a rising international issue that has become a key concern for human rights organizations and governments throughout the world. As such, new policies are being developed and implemented to combat the problem. A guiding standard for these policies is the United Nations (UN) 2003 Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children, which established a formal definition of human trafficking. While the UN Protocol was a significant step in the fight against human trafficking, it is limited by its framework, which focuses heavily on criminalization and punishment of traffickers. Recent discourse and …

Reinvigorating Regime Politics, Christopher Shortell

Political Science Faculty Publications and Presentations

This paper seeks to reinvigorate the theory of regime politics in the judiciary among legal scholars, taking into account the critiques offered. The paper reviews the extant literature on regime politics, including its origins, before examining the criticisms this approach engendered. The valid concerns highlight the limited development of regime politics as a theory, despite the empirical work conducted in this tradition. This paper aims to address that shortcoming, explicitly identifying the underlying assumptions of regime politics theory and then developing testable hypotheses based on those assumptions.

Reevaluating The Constitutionality Of Blanket Primaries, Soren J. Schmidt

Brigham Young University Prelaw Review

I argue that the Supreme Court’s ruling in California Democratic Party v. Jones should be reconsidered and overturned, allowing states to adopt blanket-primary election systems. Given the crucial role that primaries play in the public process of elections, parties’ rights of association should not trump the right of the people to select their own representatives. In Jones, the Court applied a stricter constitutional test than necessary, leading to an erroneous conclusion. I demonstrate why a more flexible test would have been more appropriate for judging primary elections. Under this alternative test, public state interests are weighed against party rights injuries. …

The Fear Factor: Exploring The Impact Of The Vulnerability To Deportation On Immigrants' Lives, Shirley P. Leyro

Dissertations, Theses, and Capstone Projects

This qualitative study explores the impact that the fear of deportation has on the lives of noncitizen immigrants. More broadly, it explores the role that immigration enforcement, specifically deportation, plays in disrupting the process of integration, and the possible implications of this interruption for immigrants and their communities. The study aims to answer: (1) how vulnerability to deportation specifically impacts an immigrant’s life, and (2) how the vulnerability to deportation, and the fear associated with it, impacts an immigrant’s degree of integration. Data were gathered through a combination of six open-ended focus group interviews of 10 persons each, and 33 …

The Legitimacy Of Global Legal Governance: Institutional Power And Human Rights Bias In International Criminal Justice, Martin J. Burke

Dissertations, Theses, and Capstone Projects

As global legal governance institutions exercise increasing coercive power, including through the prosecution and incarceration of individuals, such institutions require greater legitimacy. An essential but often overlooked source is the right of the accused in mass-atrocity trials to effective legal protection, which constitutes a “legal legitimacy” based on liberal norms of criminal justice. The two most important sources of legal legitimacy are: “legality,” that is, the non-retroactive enforcement of crimes and punishment; and “defense parity,” institutional and procedural guarantees of substantive equality between the defense and prosecution before and during trial. The dissertation argues that the implementation of defendant rights …

Capitalism And Unfreedom: Louis D. Brandeis And A Liberty Of The Left, Eric L. Apar

Dissertations, Theses, and Capstone Projects

The American Right features a well-developed—and well-heeled—infrastructure for promoting a conception of freedom as inextricable from capitalism. The American Left, by contrast, has seemed content to cede the territory, abandoning the ground of freedom for the terrain of “equality,” “justice,” “fairness,” and “prosperity.” This paper is an effort to address this asymmetry in the public discourse over the meaning of freedom. Its principal objective is to capture the vision of freedom embodied in the political and economic thought of Louis D. Brandeis, one of the American Left’s ablest expositors of freedom.

In addition, the paper has three subsidiary objectives. The …

What Impact Is Felony Disenfranchisement Having On Hispanics In Florida?, Angel E. Sanchez

Honors Undergraduate Theses

This research produces original empirical estimates of Hispanics in Florida’s Dept. of Corrections (FDOC) and uses those estimates to measure the impact felony disenfranchisement is having on Hispanics in Florida. Research institutions find that data on Hispanics in the criminal justice system, particularly in Florida, is either lacking or inaccurate. This research addresses this problem by applying an optimal surname list method using Census Bureau data and Bayes Theorem to produce an empirical estimate of Hispanics in FDOC’s data. Using the Hispanic rate derived from the empirical FDOC analysis, the rate of Hispanics in the disenfranchised population is estimated. The …

Communities Of Resistance: Welfare Queens And The Infrapolitics Of Black Hair Tutorials On Youtube, Reandra Johnson

Scripps Senior Theses

The author raises the question of what black women do to resist acts taken by the government to control their bodies such as the welfare queen trope. Many authors demonstrate that the welfare queen is used to control black women as a labor force as well as their reproduction. An infrapolitical reading of black hair tutorials is done to analyze the ways that black hair care is a form of political resistance. Robin Kelley's use of infrapolitics to understand actions taken by working class black people is used as a model.

Politics And The Application Of Law: Crime Construction And Police Power, Komysha Hassan

Honors Undergraduate Theses

The shooting death of Michael Brown in June of 2014 by police in Ferguson, Missouri triggered massive public protests across the United States, calling attention to a wave of similar incidents thereafter, where unarmed black men have been killed at the hands of officers in a wide range of locales. The recent coverage has revealed the extent and dispersion of aggressive and, in many cases, fatal interactions between law enforcement and the public, particularly minorities. Actions by the Department of Justice and other state and local agencies have consistently focused on individual agencies and/or agents, as the cause of the …

Protecting Future Rights For Future Citizens: Children’S Property Rights In Fragile Environments, Sandra F. Joireman

Political Science Faculty Publications

The property rights of children is an understudied area that straddles the development/humanitarian divide. Access to assets is important to the livelihood choices and economic well-being of adults. Yet, adults’ ability to claim property can be significantly impaired by humanitarian emergencies that occurred in their youth. We typically do not think of children as economic actors because of their age; their property rights are future rights not yet realized. This paper addresses the future rights to property held by children and examines how fragile environments, characterized by conflict, displacement and disease, can undermine their ability to claim those rights when …

Resources, Race And Rights: A Case Study Of Native Title And The Adani Carmichael Coal Mine, Kate Arnautovic

Theses : Honours

This thesis examines the extent to which state institutions and government have taken into account Indigenous rights and interests during the approval process for a large mining development. This case study focuses on the various phases of approval for the proposed Adani Carmichael Coal Mine, a significant development that has challenged the native title system in Australia. It assesses the extent to which the rights and interests of the Wangan and Jagalingou people, the traditional owners that possess a native title claim over the region, have been upheld by the National Native Title Tribunal and the State and Federal Government. …

Judicial Activism In State Supreme Courts: Institutional Design And Judicial Behavior, Stefanie A. Lindquist

Scholarship@WashULaw

How governments and the electorate choose to structure judicial institutions has implications for the rule of law. In the state context, for example, judicial elections were instituted precisely because reformers expected elected judges to counter legislative action more vigorously through the power of judicial review. But when judges invalidate statutes more frequently, they reduce law’s predictability and stability. The same can be said for decisions overruling precedent: frequent overrulings undermine the norm of stare decisis and destabilize the legal status quo. These behaviors may also be viewed by some observers as more “activist” than those that defer to legislative judgments …

Deconstructing “Deviance” And “Disorder” As Systems Of Domination: Chicago Public Schools As A Case Study Of The Effects Of Zero Tolerance Discipline Policies On Educational Outcomes In Us Schools, Maya Kaul

Pomona Senior Theses

The rise of “zero tolerance” discipline practices in US primary and secondary schools has become increasingly well documented by the media and empirical studies. Despite the extensive scholarship that has emerged from these conversations, many of these analyses are limited in their scope and do not connect the phenomena of zero tolerance in schools to the diverse, shifting forces at play within American politics and policy today. As such, the goal of this work is to synthesize ideas about zero tolerance across disciplines by integrating historical thought, philosophical frameworks of punishment, shifting policy goals within the US education system, the …

Exclusion From Rights Through Extra-Territoriality At Home: The Case Of Paris Roissy-Charles De Gaulle Airport's Waiting Zone, Pauline Gj Maillet

Theses and Dissertations (Comprehensive)

In this dissertation I argue that, since the 1980s, French airports have been designed to exclude people from legal, human and refugee rights. The particular space where this happens has been successively called “international zone”, “transit zone” and “waiting zone” and its scope has been significantly extended overtime. I contend that French authorities have used the concept of extra-territoriality in concert with the material design of the airport to sustain exclusion. While this research focuses on France, findings bear relevance to the global governance of migrants and refugees. The French case epitomizes how states creatively use the law (or absence …

Woof, Joseph D. Jaafari

Capstones

About 10 percent of Americans identify as polyamorous, defined as having multiple love affairs within a single relationship. Those relationships are as diverse as they are complicated with some ranging from having multiple people within a relationship to a couple having outside individual relationships.

Within the gay world, polyamory and open relationships has become a norm, and within the gay fetish scene it’s almost a requirement.

https://drive.google.com/open?id=0B_MnWyJVYJneYVAzXzcxU2U3bFE

But polyamory has its own set of complications legally. Because in America we have a system where only one person can receive benefits (be it through marriage or blood), there are complications if, …

State Failure In Venezuela, Marcus Littman

Master's Theses

The role of the state is to provide political goods such as security and an environment conducive to economic growth. The Venezuelan state is failing to provide both security and conditions capable of producing economic growth. The government has exacerbated both by enacting failed policies. I measure the economic crisis in Venezuela based on the rates of inflation, falling foreign currency reserves, the food and medical supply shortage, falling government spending, and negative GDP growth. I measure the security crisis based on the escalating rate of kidnapping, human trafficking, drug sales, smuggling, theft, gun distribution, and homicide. In this thesis, …