Other Legal Studies Commons^™

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 …

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 …

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 …

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 …

The Significance Of Sonic Branding To Strategically Stimulate Consumer Behavior: Content Analysis Of Four Interviews From Jeanna Isham’S “Sound In Marketing” Podcast, Ina Beilina

Student Theses and Dissertations

Purpose:
Sonic branding is not just about composing jingles like McDonald’s “I’m Lovin’ It.” Sonic branding is an industry that strategically designs a cohesive auditory component of a brand’s corporate identity. This paper examines the psychological impact of music and sound on consumer behavior reviewing studies from the past 40 years and investigates the significance of stimulating auditory perception by infusing sound in consumer experience in the modern 2020s.

Design/methodology/approach:
Qualitative content analysis of audio media was used to test two hypotheses. Four archival oral interview recordings from Jeanna Isham’s podcast “Sound in Marketing” featuring the sonic branding experts …

Zinā In The Criminal Legislation Act (1999-2000): An Evaluation Of The Implication For Muslim Women's Right In Nigeria, Paul Orerhime Akpomie

Theses and Dissertations

The research engages in an exploration of human rights in Islam. Human rights issues are then contrasted with international law positions. The data gotten is then used for investigating women’s human rights issues in Shariʾa penal tradition regarding zinā (adultery) in Nigeria. The re-emergence of Sharia penal codes adopted by 12 Northern states in Nigeria in 1999 as an operative Islamic law has sparked concerns about rulings amounting to stoning to death in several cases of zinā. These events raised concerns about Shariʾa penal traditions’ legality and relationship with other legal traditions operational in Nigeria, a secular political space. …

Facultas Marginem: Assessing Disability Data And Public Aau Universities’ Affirmative Action Plans For Systemic Barriers Facing Faculty With Disabilities, Joseph Carlton Barry

Theses and Dissertations--Education Sciences

This dissertation contributes to education equity scholarship produced by academics seeking to develop understandings of disability, Persons with Disabilities (PWD), and how both are situated amongst faculty in institutions of higher education. As such, this dissertation centers on a study of public US universities belonging to the Association of American Universities (AAU). This study looks for institutional level associations between respective rates by which college and university faculty with disabilities (FWD) are employed, certain aspects of disability policy drawn from each institution’s 2020 Affirmative Action Plans (AAP), and various other instances of empirical disability data (EDD).

While this study contributes …

Must Consent Be Informed? Patient Rights, State Authority, And The Moral Basis Of The Physician's Duties Of Disclosure, D. Robert Macdougall

Publications and Research

Legal standards of disclosure in a variety of jurisdictions require physicians to inform patients about the likely consequences of treatment, as a condition for obtaining the patient’s consent. Such a duty to inform is special insofar as extensive disclosure of risks and potential benefits is not usually a condition for obtaining consent in non-medical transactions.

What could morally justify the physician’s special legal duty to inform? I argue that existing justifications have tried but failed to ground such special duties directly in basic and general rights, such as autonomy rights. As an alternative to such direct justifications, I develop an …

Review Of Women As War Criminals: Gender, Agency, And Justice, Christi Siver

The Journal of Social Encounters

No abstract provided.

Victim Impact: The Manson Murders And The Rise Of The Victims’ Rights Movement, Merrill W. Steeg

LSU New Orleans Theses and Dissertations

No abstract provided.

Mass Incarceration In Nebraska: Data And Historical Analysis Of Inmates From 1980-2020, Anna Krause

Honors Program: Senior Projects (Public)

This study examines Nebraska Department of Corrections inmate data from 1980-2020, looking specifically at inmate demographics and offense trends. State-of-the-art data analysis is conducted to collect, modify, and visualize the data sources. Inmates are organized by each decade they were incarcerated within. The current active prison population is also examined in their own research group. The demographic and offense trends are compared with previous local and national research. Historical context is given for evolving trends in offenses. Solutions for Nebraska prison overcrowding are presented from various interest groups. This study aims to enlighten all interested Nebraskans on who inhabits their …

The Basha's Tools? Imagining Alternative Justice Futures In Egypt, Farah Ghazal

Theses and Dissertations

The dominant approach to addressing violence against women in Egypt today is carceral, or relying on the punitive instruments of the state to achieve justice (most visibly represented by the prison and police). While carceral responses are perhaps unsurprisingly advocated by state feminism, they are also promoted by what would typically be described as anti-state actors. This paradoxical entanglement takes place during what I identify as the 'carceral moment', a period marked by the intensification of political and social repression and during which incarceration appears more readily available as a solution to remedy perceived problems of governance. I argue that, …

Kiss Of Love Campaign: Contesting Public Morality To Counter Collective Violence, Sonia Krishna Kurup Miss

Peace and Conflict Studies

The paper studies the immense opposition to a nonviolent campaign against the practice of moral policing in Kerala to understand the dominant spaces, collective identities, and discourses that give shape to the outrage of public morality in India. The campaign through its politics specifically targeted rightwing and political groups as well as socially embedded familial and institutional structures that exercise control over individuals through patriarchal regimes. The adverse reaction to the campaign revealed that collective aggression or violence can be used to impose majoritarian values and exert social control through the authority of public morality and everyday acts of moral …

Neither “Post-War” Nor Post-Pregnancy Paranoia: How America’S War On Drugs Continues To Perpetuate Disparate Incarceration Outcomes For Pregnant, Substance-Involved Offenders, Becca S. Zimmerman

Pitzer Senior Theses

This thesis investigates the unique interactions between pregnancy, substance involvement, and race as they relate to the War on Drugs and the hyper-incarceration of women. Using ordinary least square regression analyses and data from the Bureau of Justice Statistics’ 2016 Survey of Prison Inmates, I examine if (and how) pregnancy status, drug use, race, and their interactions influence two length of incarceration outcomes: sentence length and amount of time spent in jail between arrest and imprisonment. The results collectively indicate that pregnancy decreases length of incarceration outcomes for those offenders who are not substance-involved but not evenhandedly -- benefitting white …

Lgbtq Training For Aquatic Employees: Impact On Attitudes And Professional Competencies, Austin R. Anderson, Eric Knee, William D. Ramos

International Journal of Aquatic Research and Education

This study examined the impact of a LGBTQ diversity training on the attitudes and professional competencies of aquatic employees within a campus recreational sports setting. While diversity training is often discussed as a key component of inclusive aquatic programming, little empirical research examining the outcomes associated with such trainings exists. As such, members of the research team developed, implemented, and evaluated a four-month long training program consisting of one in-person training session and monthly inclusion handouts discussing issues related to the inclusion of LGBTQ participants. A comparative quantitative research design was used to measure employee’s attitudes towards the LGBTQ population …

A Political Effect On Judicial Decision Making: Does Ideology Or Election Effect The Way Judges Decide?, Kaylynne Lyons

Political Science Theses and Capstones

Politics have shown to have a strong effect on most things in our country. There has been lots of research on our state judicial systems and their effects on judicial decisions. Judges have been accused of having underlying reasons to their decisions even though they are not supposed to. Past research has suggested that how the judge is retained has a small but relevant effect on judicial decision making. The literature review discusses effects of the state's system of judicial selection. That leads us to question more about political effects on decision making. I analyze how the ideology of a …

Law Library Blog (March 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

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.

Sometimes Merely As A Means: Why Kantian Philosophy Requires The Legalization Of Kidney Sales, D. Robert Macdougall

Publications and Research

Several commentators have tried to ground legal prohibitions of kidney sales in some form of Kant’s moral arguments against such sales. This paper reconsiders this approach to justifying laws and policies in light of Kant’s approach to law in his political philosophy. The author argues that Kant’s political philosophy requires that kidney sales be legally permitted, although contracts for such sales must remain unenforceable. The author further argues that Kant’s approach to laws, such as those governing kidney distribution, was formed in part by considering and rejecting an assumption frequently employed in the bioethics literature, namely, that legal duties can …

A Rhetorical Analysis Of Opening Statements In Trial: Reconsidering The Classical Canon Of Invention, Andrew Chandler

Undergraduate Theses

This analysis of 21 opening statements probes at current persuasive practices employed by trial attorneys through the lens of mainstream legal advice and an expanded definition of rhetorical invention – one which includes both discovery and creation. An evaluation of such practice reveals the utility, and furthermore the duty of the advocate, to draw upon an expanded realm of available arguments.

Between Hagiography And Wounded Attachment: Raphaël Lemkin And The Study Of Genocide, Benjamin Meiches, Jeff Benvenuto

Genocide Studies and Prevention: An International Journal

In this article, we outline the significance of the special issue on the scholarship of Raphaël Lemkin. We argue that genocide scholars tend to identify with one of three different types of Lemkin scholarship. Each of the articles for the special issue challenges these genres in an effort to extend the study of genocide in new directions. Moreover, we contend that this work suggests that genocide scholars should endeavor to extend the study of genocide beyond Lemkin's vision and writings.

How Two Sunken Ships Caused A War: The Legal And Cultural Battle Between Great Britain, Canada, And The Inuit Over The Franklin Expedition Shipwrecks, Christina Labarge

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Just Preservation, Adrian Treves, Francisco J. Santiago-Ávila, William S. Lynn

Animal Sentience

We are failing to protect the biosphere. Novel views of conservation, preservation, and sustainability are surfacing in the wake of consensus about our failures to prevent extinction or slow climate change. We argue that the interests and well-being of non-humans, youth, and future generations of both human and non-human beings (futurity) have too long been ignored in consensus-based, anthropocentric conservation. Consensus-based stakeholder-driven processes disadvantage those absent or without a voice and allow current adult humans and narrow, exploitative interests to dominate decisions about the use of nature over its preservation for futurity of all life. We propose that authentically non-anthropocentric …

A Qualitative Case Study On The Domestic Violence Act, 2007 (732) And The Convention On The Elimination Of All Forms Of Discrimination Against Women, Victoria Hernandez

Master's Theses

On July 17, 1980, Ghana became a signatory to CEDAW (Convention on the Elimination of All Forms of Discrimination against Women) under the United Nations in order to combat all forms of violence, discrimination and human rights violations that harm the security, freedom, privacy, and dignity of every woman. The Domestic Violence Act (732) stemmed from CEDAW in order to add on more layers of legal protection for victims of domestic violence and to penalize all acts according the bill’s definition and the different forms of domestic violence. Although there are stricter laws to punish any acts of violence inflicted …

Re-Playing Maimonides’ Codes: Designing Games To Teach Religious Legal Systems, Owen Gottlieb

Articles

Lost & Found is a game series, created at the Initiative for

Religion, Culture, and Policy at the Rochester Institute of

Technology MAGIC Center.1 The series teaches medieval

religious legal systems. This article uses the first two games

of the series as a case study to explore a particular set of

processes to conceive, design, and develop games for learning.

It includes the background leading to the author's work

in games and teaching religion, and the specific context for

the Lost & Found series. It discusses the rationale behind

working to teach religious legal systems more broadly, then

discuss the …

Una Perspectiva Socio-Legal De La Ley 348: La Ley Para Garantizar A Las Mujeres Una Vida Libre De La Violencia / A Socio-Legal Perspective Of Law 348: The Law To Guarantee Women A Life Free Of Violence, Maya Anthony

Independent Study Project (ISP) Collection

Bolivia es un país con leyes muy progresistas para enfrentar la lucha contra la violencia contra las mujeres, pero en al mismo tiempo Bolivia tiene los más altos niveles de la violencia doméstica en Latinoamérica. Esta investigación va a enfocarse en la ley 348 “para garantizar a las mujeres una vida libre de la violencia”. En este ensayo voy a explorar cómo la ley 348 que fue redactada para proteger a las mujeres del sistema patriarcal, que es un sistema enraizado en el abuso, imposición a la sumisión, e intimidación a la mujer y, “una estructura institucional que impone prácticas …

Navigating Rough Waters: Public Swimming Pools, Discrimination, And The Law, Steven N. Waller Ph.D., Jim Bemiller Jd

International Journal of Aquatic Research and Education

Historically, swimming pools have been a focal point of racial tension. Discrimination and segregation are inextricably tied to the history of public swimming usage in the United States. Pools are public spaces that are physically and visually intimate. History has revealed that both de jure (enacted through the law by the government) and de facto (occurs through social interaction) discrimination have contributed to segregatory practices in the United States. The purpose of this article is twofold: 1) to examine the social pattern of discrimination that has stymied the growth of swimming in communities of color in the United States; and …

Book Review: Constructing Genocide And Mass Violence: Society, Crisis, Identity, Carola Lingaas

Genocide Studies and Prevention: An International Journal

No abstract provided.

Federal Circuit Courts’ Impact On Immigration Reform: An Analysis Of Judicial Ideology And Immigration Policy, Evanna Ojeda

Renée Crown University Honors Thesis Projects - All

Regulation of immigration policy is an expressed power granted to the federal government in the Constitution; however, state and local governments often pass immigration policy legislation to address gaps in federal legislation. This research project seeks to understand the role of federal circuit courts ruling powers in determining the legal standing and substitute holding of merits for immigration policy regulation. By analyzing the political ideology of presiding judges and understanding the relationship between political ideology and judicial decision support for federal or state regulated policy, this project seeks to recognize the role of federal circuit courts in enhancing and shaping …