Other Legal Studies Commons^™

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 …

The Professionalization Of The Supreme Court, Ruben Lopez-Apodaca

Student Scholar Symposium Abstracts and Posters

The professional and personal backgrounds of Supreme Court Justices are becoming increasingly similar. Nearly all sitting justices hold degrees from an Ivy league law school and have experience as federal circuit judges. In earlier periods this was not the case. The Stone Court of the 1940’s had six Ivy League alumni and one judge with federal circuit experience. This begs the question, when and why did this shift take place? This study will provide an overview of the occupational and educational backgrounds of every justice from 1910 to the present, in addition to Supreme Court nominees of the same period …

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 …

Walking The Walk: Ex-Prisoners, Lived Experience, And The Delivery Of Restorative Justice, Allely Albert

Articles

Although the role of prisoners and ex-prisoners has recently received significant attention in restorative justice research, the literature typically treats them as the ‘offending’ party within restorative justice processes. This article instead focuses on ex-prisoners as facilitators of restorative justice, highlighting their ability to lead such programmes. Using a case study from Northern Ireland, the article examines the way that experiences of incarceration have directly influenced practitioners’ skills and their ability to uphold restorative justice principles. It is contended that qualities developed and honed in the prison environment ultimately translate to unique characteristics that can improve the restorative process. As …

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 …

The Violation Of Transgender Prisoners: The Violent Impact Of Gender Discrimination Experienced By Incarcerated Trans People In The United States Of America, Brooklyn Jennings Mx.

Access*: Interdisciplinary Journal of Student Research and Scholarship

U.S prison reform policies such as the Prison Rape Elimination Act pacify the government and the public into believing that prisons are a less harmful place for vulnerable inmates. However, thousands of transgender inmates in the United States experience extraordinary rates of violence and discrimination for their gender identity. There are difficulties in determining exact statistics of gender-based incidents of assault due to dueling structures of legal power and questionable support from prison authorities. However, from available information, trans inmates report dehumanizing prison environments that severely impact their wellbeing. This literature draws upon the current status of incarcerated trans inmates’ …

Legal Challenges For Sustainable Development In Palestine, Ahmed Abu Drabi

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

Sustainable development contributes to the development of societies, as they are an integral part of the relationships that are taking place there, which calls for the intervention of the law by the international and national branch to regulate this relationship and achieve sustainable development of its objectives. Here, the importance of the study was to highlight the legal challenges facing sustainable development in Palestine by demonstrating the extent to which legislation contributes to sustainable development and drawing the attention of those concerned to the absence of such a contribution from Palestinian legislation in order to overcome it and to work …

Research Project Poster Presentation: Cultural Normalization Of Risk?: Exploring Brain Injury In The National Football League Using Sociocultural Analysis, Ali V. Willing, Jafra D. Thomas

Kinesiology and Public Health

Background. This presentation began as an undergraduate end-of-term course project focused on sport, media, and American popular culture (April to June 2023). The poster presentation was originally presented at the 2023 annual conference of the Southwest Chapter of the American College of Sports Medicine (SWACSM), following peer-review acceptance of the project summary statement (i.e. abstract) for conference presentation.

Purpose. The presentation is published here to Cal Poly Digital Commons as a resource to future students and professionals studying topics covered in the presentation (e.g. sociological theories, cultural values and risks, sports ethic).

Resources. This webpage has several resources described below. …

“Social Workers By Day And Terrorists By Night?” Wounded Healers, Restorative Justice, And Ex-Prisoner Reentry, Allely Albert

Articles

Common to many post-conflict societies, former political prisoners and combatants in Northern Ireland are often portrayed as security threats rather than as potential contributors to societal peacebuilding processes. This distrust limits their ability to contribute to the transitional landscape and additionally hinders desistance processes during their reentry from prison. Drawing from the work of Maruna, LeBel, and others on “wounded healers,” this article critically examines the restorative justice work of ex-prisoners who have become involved in leadership roles within community based restorative justice. It is argued that such practitioner work can help former combatants overcome many of the challenges typically …

The Role Of U.S. Government Regulatioms, Bert Chapman

Libraries Faculty and Staff Presentations

Provides detailed coverage of information resources on U.S. Government information resources for federal regulations. Features historical background on these regulations, details on the Federal Register and Code of Federal Regulations, includes information on individuals can participate in the federal regulatory process by commenting on proposed agency regulations via https://regulations.gov/, describes the role of presidential executive orders, refers to recent and upcoming U.S. Supreme Court cases involving federal regulations, and describes current congressional legislation seeking to give Congress greater involvement in the federal regulatory process.

Examining Remorse In Attributions Of Focal Concerns During Sentencing: A Study Of Probation Officers, Colleen M. Berryessa

International Journal on Responsibility

This research, using interviews with probation officers in the United States (n = 151) and a constant comparative method for analysis, draws from the focal concerns framework to qualitatively model a process by which probation officers use a defendant’s remorse to attribute focal concerns in order to guide their sentencing recommendations in pre-sentencing reports. The model suggests that officers use expressions of remorse to make attributions about mitigated criminal intention (blameworthiness and notions of responsibility), reduced dangerousness and a high potential for reform (community protection), and organization-level effects for increasing caseload efficiency and using correctional resources (practical effects of …

"The Land That Feminism Forgot": Birthzillas, Madwives, And The Politics Of Chilbirth, Amber Vayo

Doctoral Dissertations

“The Land that Feminism Forgot” is an in-depth exploration of the politics of childbirth that draws together qualitative and quantitative evidence to theorize the connections between treatment in childbirth and maternal mortality. Situating the qualitative research in the larger national context, the second chapter offers a State Reproductive Autonomy Index that provides an overview of the reproductive policy landscape at the national level. The dissertation then explores the role of institutionalized childbirth, medical mistrust, and obstetric violence in the U.S.’s longstanding maternal mortality crisis and offers policy suggestions in key public health areas. Through 120 qualitative interviews with people who …

Review Of Thorne, Benjamin, The Figure Of The Witness In International Criminal Tribunals: Memory, Atrocities And Transitional Justice, Art Blaser, Trinity Huynh

Political Science Faculty Articles and Research

A review of Benjamin Thorne's The Figure of the Witness in International Criminal Tribunals: Memory, Atrocities and Transitional Justice.

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 …

Fighting The Invisibility Of Domestic Violence, Yesenny Fernandez

Dissertations, Theses, and Capstone Projects

Analyzing the invisibility of domestic violence in New York City as 32% of women in the city experience intimate partner physical violence. In this project, domestic violence refers to all different kinds of violence that occur in a home between all the members who live there regardless of whether they are intimate partners or not. The data focuses on all the daily calls received by the New York Police Department (NYPD) and NYC Mayor’s Office to End Domestic and Gender-Based Violence (ENDGBV) regarding domestic violence related incidents such as physical, psychological, emotional, and sexual violence, or murder. Even though many …

Cuban Embargo: An Insufficient Measure To Encourage Us Foreign Policy Interests, Esme Jm Prowse

Major Papers

This major paper examines the Cuban embargo as an ineffective hard power policy and explores the potential of soft, hard, and smart power as alternative approaches to resolve the failures of the 60-year-old blockade. The paper analyzes the historical context and rationale behind the embargo and assesses its impact on Cuban-American relations, regional stability, and U.S. national interests. The study argues that the embargo has failed to achieve its intended goals and has instead perpetuated a cycle of hostility, isolation, and human rights abuses. By drawing on the theoretical frameworks of soft, hard, and smart power, the paper presents policy …

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 …

Centrality And Compliance: Unitary Vs. Federalist Political Systems In The Implementation Of The Kyoto Protocol In Argentina And Uruguay, Aidan Homan

Baker Scholar Projects

When Uruguay and Argentina first gained their respective independence in the early 1800s, they appeared to be following the same path of development As countries that came from the same Spanish colonization, share almost identical agricultural economies, and retain a close relationship, it is logical that they would follow similar trajectories. This assumption proves to be inaccurate in more ways than one, but most prominently within the environmental sphere. One way to analyze this difference in policy implementation lies in compliance with international environmental treaties which contain specific goals and limits for all parties involved. The Kyoto Protocol presents a …

Hakoah Wien: Kraft Als (Ver)Einigung Und Siedlung Der Unbeständigen Post/Modernen Identität, Owen N. Sayre

German Studies Honors Projects

The Sport Club and in particular football team Hakoah Wien is one of the best known examples in its time for contemporary theorists interested in analyzing the austrian-jewish identity of the 1920s. However there are many developments in austrian studies such as “jewish difference,” “co-constitutionality,” “the spatial turn” and “decolonization.” What, in this context, does it mean for a sports club to materially propagate the ideas of a liberatory religious and national identity, while representing an oppressive austrian identity on the world stage? This question has a lot to do with the concrete history of property rights and jewish oppression …

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 …

The Pitfall Of Child Marriage Dispensation: A Study Of Court Judgments In East Java (Dispensasi Perkawinan Anak Yang Menjerumuskan: Studi Putusan Hakim Di Jawa Timur), Iklilah Muzayyanah Dini Fajriyah, Siti Marhamah, Septiani Anggriani

The Indonesian Journal of Socio-Legal Studies

This article conducted study on court decisions on dispensation for marriage that occurred during the COVID-19 pandemic (June 2020 to February 2021) from the children’s rights perspective. The library research method was chosen to dissect 19 marriage dispensation decisions (12 decisions from religious courts and seven decisions from district courts) in Kraksaan and Sumenep districts, East Java. Child married couples were randomly selected with one or both parties under the age of 18. Three important findings in this study are: 1) the perspective of the best interests of the child has not been the main consideration for judges; 2) judges …

Chatgpt As Metamorphosis Designer For The Future Of Artificial Intelligence (Ai): A Conceptual Investigation, Amarjit Kumar Singh (Library Assistant), Dr. Pankaj Mathur (Deputy Librarian)

Library Philosophy and Practice (e-journal)

Abstract

Purpose: The purpose of this research paper is to explore ChatGPT’s potential as an innovative designer tool for the future development of artificial intelligence. Specifically, this conceptual investigation aims to analyze ChatGPT’s capabilities as a tool for designing and developing near about human intelligent systems for futuristic used and developed in the field of Artificial Intelligence (AI). Also with the helps of this paper, researchers are analyzed the strengths and weaknesses of ChatGPT as a tool, and identify possible areas for improvement in its development and implementation. This investigation focused on the various features and functions of ChatGPT that …

The Egyptian National Anti-Trafficking Law ‘Adoption Process And Assessment’, Nourhane Awad

Theses and Dissertations

This thesis is about the impact of Egyptian national laws on the protection of African migrants and refugees. Egypt has been considered a transit country for African migrants and refugees fleeing their countries toward European countries or Israel in the past due to its specific geographic location. For that reason, Egypt is considered one of the essential parts of the trafficking process in the middle east. For that reason, it is essential to study and explore how the Egyptian government is controlling and governing the trafficking of persons. In addition, it is important to understand its institutional setup and framework …

Modern Approaches To Addressing The Mass Incarceration Of America's Mentally Ill Population, Cameron A. Bice, April N. Terry

Academic Leadership Journal in Student Research

Correctional facilities negatively affect individuals with pre-existing mental and behavioral health concerns while also creating an environment that manifests future mental illness. Issues include facility overcrowding, restrictive housing practices, lack of accessible services, and ill-informed practices and procedures when working with individuals with mental illness. Incarcerated individuals with mental illness also face disparities through (1) sentence length, (2) race/ethnicity and gender, and (3) increased risk in victimization. This paper draws attention to a long-standing, yet current critical issue in the American criminal justice system—the use of jails and prisons as modern-day psychiatric hospitals. This literature yields many options for disrupting …

Predicting Suicidal And Self-Injurious Events In A Correctional Setting Using Ai Algorithms On Unstructured Medical Notes And Structured Data, Hongxia Lu, Alex Barrett, Albert Pierce, Jianwei Zheng, Yun Wang, Chun Chiang, Cyril Rakovski

Mathematics, Physics, and Computer Science Faculty Articles and Research

Suicidal and self-injurious incidents in correctional settings deplete the institutional and healthcare resources, create disorder and stress for staff and other inmates. Traditional statistical analyses provide some guidance, but they can only be applied to structured data that are often difficult to collect and their recommendations are often expensive to act upon. This study aims to extract information from medical and mental health progress notes using AI algorithms to make actionable predictions of suicidal and self-injurious events to improve the efficiency of triage for health care services and prevent suicidal and injurious events from happening at California's Orange County Jails. …

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

Court Review: The 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 …

Child Sexual Abuse Cases In The Catholic Church Vs. Secular Groups: A Media Content Analysis, Hannah G. Adkison

Electronic Theses and Dissertations

Child sexual abuse (CSA) is a serious public health problem in the United States, with estimates suggesting that approximately 8% of males and 20% of females experience some form of sexual violence before adulthood (Pereda et al., 2009). Adult acquaintance victim-offender relationships account for 83% of all cases (Ullman, 2001). And while the acquaintance of victim- offender relationships is facilitated by a range of social institutions, perhaps none have received as much media attention as those occurring in the context of the Catholic Church (Formicola, 2014). Although child sexual assault is recognized as a serious punishable charge in all 50 …

Examining Bias In Jury Selection For Criminal Trials In Dallas County, Megan Ball, Brandon Birmingham, Matt Farrow, Katherine Mitchell, Bivin Sadler, Lynne Stokes

SMU Data Science Review

One of the hallmarks of the American judicial system is the concept of trial by jury, and for said trial to consist of an impartial jury of your peers. Several landmark legal cases in the history of the United States have challenged this notion of equal representation by jury—most notably Batson v. Kentucky, 476 U.S. 79 (1986). Most of the previous research, focus, and legal precedence has centered around peremptory challenges and attempting to prove if bias was suspected in excluding certain jurors from serving. Few studies, however, focus on examining challenges for cause based on self-reported biases from the …

Colombian Women’S Experiences Of The Canadian Refugee And Asylum Adjudication Process, Camila N. Parra Carrillo

Electronic Thesis and Dissertation Repository

The present thesis “Colombian women’s experiences of the Canadian refugee and asylum adjudication process” is an ethnographic description and analysis of the experiences of Colombian refugee women as they move through the refugee and asylum adjudication system in Ontario, Canada. Using concepts such as liminality, politics of waiting, hermeneutics of suspicion and arbitrariness, the refugee and asylum adjudication system is shown to be a site of power and domination that creates negative emotions in the people who face it, especially in the oral hearing as a central event in the process. Centering Colombian refugee women’s voices, their experiences and emotions …

Exploring Alternatives To Guardianship: A Brief For Youth With Intellectual And/Or Developmental Disabilities And Their Supporters, Jaimie Ciulla Timmons

All Institute for Community Inclusion Publications

This brief talks about some differences between people with IDD who have guardians and people with IDD who do not have guardians. It also discusses alternatives to guardianship, including supported decision-making and offers resources to learn more about alternatives to guardianship.