Other Legal Studies Commons^™

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.

Shared Deliberations: Learning From The Voices Of Social Justice Lawyers On Their Aspirations, Challenges And Roles, Ian Head

Dissertations, Theses, and Capstone Projects

Lawyers in the U.S. who attempt to advocate for social justice issues, often on behalf of those communities most targeted by government institutions and oppressive legal systems, have unique perspectives into the challenges of using the law to create transformative change. This thesis examines the voices of over a dozen attorneys fighting not only on behalf of their clients, but also wrestling with how to best use a set of legal tools not meant for dismantling systems of power. Listening to how these legal advocates navigate their roles inside a system of laws created to consolidate rather than distribute power …

Power, Punk, And Performance: A Critical Analysis Of Hooligan Laws In Russia, Noelle Wurst

Honors Program Theses

This paper presents the argument that the criminal charge of hooliganism in Russia is a political tool used to suppress dissent and uphold the authoritarian ideals of Putin’s regime. The background of this analysis includes a broad overview of the development of the hooligan laws over time and how they have been used to advance elite interests. In addition, the key policies, institutions, and rhetoric that surround hooliganism in present-day Russia are identified. The legitimacy of the hooligan laws is then tested against both domestic and international law, especially in regards to norms on freedoms of speech.

Informal Rulemaking And Democratic Participation Fda – Food Labeling, Fcc – Net Neutrality, A Text Mining Study, Casey Shannon

Public Administration Master’s Projects

The Administrative Procedure Act (APA) is supposed to make the rulemaking process at the administrative level democratic. This study will look at two examples of federal regulatory agencies – Food and Drug Administration (FDA) and the Federal Communications Commission (FCC). The topics are food labeling, and net neutrality respectively. The APA highlights the process of notice and comment rulemaking. The APA is evaluated in the literature review for effectiveness and shortcomings. Interest groups play a key role in the policy making process; interest groups inform and mobilize citizens, and then coordinate commenting on agency rule propositions. This can sometimes lead …

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 …

Lgbtq+ Nondiscrimination Laws In Kentucky., Christopher M Wales

Electronic Theses and Dissertations

This thesis explores the political and demographic obstacles facing the Fairness movement in Kentucky in regards to local employment protection ordinances for LGBTQ+ persons (Fairness Ordinances). Using case studies on recent Fairness debates in Berea and Bowling Green, this thesis explores the concern some Kentuckians have about LGBTQ+ nondiscrimination ordinances in their communities. From these cases studies, it can be concluded that many of the concerns espoused by opponents of Fairness are simple scare tactics with no evidence supporting their claims. This thesis then utilizes a logistical regression to uncover what demographic characteristics increase the odds of a municipality possessing …

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 …

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.

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 …

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. …

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, …

The South African Elderly: Neglect, Social Contribution And The Hiv/Aids Epidemic, Alessia Frisoli

Dissertations, Theses, and Capstone Projects

With a slowing fertility rate and an increasing longevity, the world population is aging. Both developed and developing countries have seen their elderly become more numerous with an increasing burden on their financial, medical and social system. Many scholars have suggested immediate change of policies to contain the predicted crisis that will affect the health care and the pension schemes in the next decades. However, few have investigated the positive role that the seniors play contributing to society, beyond the complications caused to the economy and welfare system. This thesis will support the argument that the elderly, if appropriately cared …

Breaking The Legacy: Recognizing And Prosecuting Sexual Violence As A Violation Of Human Rights In The Democratic Republic Of The Congo, Miranda L. Weinstein

Sustainability and Social Justice

This paper aims to outline the existing policies aimed at providing protection for sexual abuse survivors in the Democratic Republic of the Congo. In an attempt to provide justice for the survivors of sexual abuse, an analysis of the 1992-1995 Bosnia and Herzegovina post-conflict reconstruction is included. In particular, prosecution of sexual violence and rape as a weapon of war will be provided in order to weigh the benefits and weaknesses of international criminal law. The conflict in eastern Democratic Republic of the Congo witnesses widespread and systematic sexual violence abuses. With over 60 armed groups at any given day, …

The Cyber-Industrial Complex, Connor O’Malley

Political Science Theses and Capstones

When Edward Snowden released a massive trove of classified files from the National Security Agency, the world became aware of numerous global surveillance systems. As Snowden hoped, a global dialogue began concerning surveillance, privacy, and government transparency. While there was a lively discourse surrounding the leak and Snowden, another story was missed. Snowden was not an employee of the NSA; rather he was an employee of Booz Allen Hamilton, a private contractor maintaining computer systems for the NSA. The deeper story here is the emerging relationship between government agencies and technology companies. This paper discusses the theory of iron triangles …

Empowerment From Within: Supporting Palestinian Women’S Struggle Against Violence, Ortal Bensky

Dissertations, Theses, and Capstone Projects

Recent reports by the United Nations and local non-governmental organizations present a troubling increase in incidents of violence against Palestinian women in Palestine. These are cases of domestic violence, where the attackers are Palestinians, and political violence, where the attackers are Israeli settlers and soldiers. These violent incidents include attacks on body and property. Most incidents are neither dealt with by the Palestinian authorities nor by the Israeli government and judicial system. There is not sufficient international pressure to enforce justice. The purpose of this study is to offer alternative ways to prevent violent crimes, enforce relevant laws, and provide …

Examining The Legality Of The Guantánamo Bay Detention Center According To International Humanitarian Law And International Human Rights Law, Sydney T. Winchester

Honors Undergraduate Theses

The purpose of this research paper is to examine how international humanitarian law (IHL) and international human rights law (IHRL) are applied to the Guantánamo Bay detention center. This paper was completed through the research of international treaties, court cases, and secondary sources that thoroughly discussed issues pertaining to Guantánamo and international law.

This paper first examines the differences between the two laws by looking at the particular roles each is meant to play in the subject of international law, as well as how the two have been applied thus far to the situation at Guantánamo. Second, the paper discusses …

Afghan Narcoterrorism: The Problem, Its Origins, And Why International Law Enforcement Should Fight It, Steven Fantigrossi

Renée Crown University Honors Thesis Projects - All

This paper provides insight into the issue of opium trafficking in Afghanistan. In 2014, despite U.S., Afghan, and international efforts since 2001, poppy-opium cultivation in Afghanistan reached an all-time high. The Afghan opium trafficking industry provides funding to terrorist groups and transnational crime organizations and is responsible for the continued corruption of government officials, police officers, and intelligence agents in Afghanistan, Pakistan, Iran, and other nations. Aside from increased corruption and funding of terrorists and criminals, the opium trade creates opium and heroin addicts out of men, women, and children across the globe. The history of how the opium problem …

The Responsibility To Protect: Emerging Norm Or Failed Doctrine?, Camila Pupparo

Global Tides

This paper seeks to investigate the current shift from the non-intervention norm towards the “Responsibility to Protect,” commonly abbreviated as “RtoP,” which actually mandates intervention in cases of humanitarian intervention disasters. I will look at the May 2011 application of the R2P doctrine to the humanitarian crisis in Libya and assess whether it was a success or a failure. Many critics of the “Responsibility to Protect” norm consider it to be yet another imperial tool used by the West to pursue national interests, so this paper analyzes this argument in detail, referring to case study examples, particularly in the Middle …

Explaining Political Activeness And Attitudes Toward Unionization Among Nurses In The United States., Crystal L. Lesmeister

Political Science Theses and Capstones

There is no question; nurses play a key role in healthcare. Nurses provide direct care, coordinate health promotion activities, educate, and provide support and advocacy to patients. Today, there are over two million registered nurses in the United States. My research aims to determine the variables that influence some nurses to be more politically active and more engaged in unionization than their counterparts. I analyze The National Sample Survey of Registered Nurses 2004 looking at a variety of potential explanations for union participation. Findings show a strong regional variation in the percentage of unionization, however, some of the conventional explanations …

The Adjudication Of Kenya’S 2013 Election: Public Perception, Judicial Politics, And Institutional Legitimacy, Charles Herman

Independent Study Project (ISP) Collection

This article presents the findings from an exploration of the 2013 Kenya Supreme Court ruling on the election petition. Raila Odinga, who averred that Uhuru Kenyatta was wrongly declared the victor of the election, brought a challenge to the Supreme Court. This article presents an overview of the election and judicial proceedings and then delves deeper into the issues. An application of Judicial Politics theory to the decision suggests that the Supreme Court was unbiased in the process. It is found that Uhuru Kenyatta supporters generally view the Supreme Court and the decision favorably and believe that no credible evidence …

The Californians Against Sexual Exploitation (Case) Act: A Case Study In Policy Advocacy, Bailey Mannisto-Ichés

Capstone Collection

In any given year in the United States of America at least 100,000 domestic youth are sexually exploited through the commercial sex industry. Current national and state laws do not adequately protect these children from being groomed, pimped, and exploited over and over again in their young lives. A majority of these children are trafficked from, into or within the nation’s most populated state of California. In 2003 the FBI identified three of the country’s 13 high-­‐intensity child sex trafficking cities as being in California. The cycle of violence these children endure is not being brought to justice through the …

On A Condition Or A Mission?: Examining The Political Histories Of Anti-Poverty Policies In Brazil, Venezuela And Colombia, Diego A. Melo

Latin American Studies Honors Projects

Political culture, fiscal constraints and institutional incentives have shaped the making and implementation of Conditional Cash Transfers (CCT) in Latin America. However, why have CCTs consolidated in Brazil, been secondary in Colombia and remained absent in Venezuela? Brazilian authoritarian legacy and neoliberal rationality combined with strong federalism during economic downturn and provided room for experimentation in social policy, eventually leading to the incorporation and future universalization of CCTs (Bolsa Família). In contrast, less rationalized bureaucracies in Colombia and Venezuela have operated under strong presidentialism, allowing economic recessions and executive electoral incentives to shape weak CCT implementation (Familias …

Finding Historic Indiana Documents In An Online Environment: Civil War Era And Later 19th Century, Bert Chapman

Libraries Research Publications

This presentation provides information on digitally accessing historic Indiana State and U.S. Government documents from the latter half of the 19th century. Examples of these resources include the periodical Indiana Farmer, Indiana Civil War Governor Oliver Morton's telegraph books, the Official Records of the War of the Rebellion, Indiana Adjutant General Reports, and the Brevier Indiana Law Reports covering Indiana General Assembly proceedings. These collections have been digitized by various Indiana libraries including Purdue University, IUPUI, and Indiana University. Accessing these primary source materials will enable users to gain augmented understanding ot the economic, military, and political issues facing Indiana …

Federal Earmarks In The State Of Georgia, Jeffrey Lazarus

Georgia Journal of Public Policy

Earmarks have been controversial ever since becoming a prominent part of the congressional spending process. Critics charge that earmarks fund projects with little or no economic value (for instance Ted Stevens’ “Bridge to Nowhere,”) but instead allow Congress members to direct government spending to campaign contributors (the charge leading to a federal investigation of the now-defunct lobbying firm PMA Group). On the other side of the controversy, congressional earmarks do fund a number of community improvements which are very valuable, at least locally. In Georgia, the fiscal 2010 appropriations bills included earmarks which allocated $450,000 to update College Park’s emergency …

Preservation Ethics In The Case Of Nebraska's Nationally Registered Historic Properties, Darren Michael Adams

Department of Geography: Dissertations, Theses, and Student Research

This dissertation focuses on the National Register of Historic Places and considers the geographical implications of valuing particular historic sites over others. Certain historical sites will either gain or lose desirability from one era to the next, this dissertation identifies and explains three unique preservation ethical eras, and it maps the sites which were selected during those eras. These eras are the Settlement Era (1966–1975), the Commercial Architecture Era (1976–1991), and the Progressive Planning Era (1992–2010). The findings show that transformations in the program included an early phase when state authorities listed historical resources pertaining to the settlement of the …

“Publishers Did Not Take The Bait”: A Forgotten Precursor To The Nih Public Access Policy, Jonathan Miller

Faculty Publications

This article compares the recent National Institutes of Health (NIH) Public Access Policy (2005–07) with the United States Office of Education policy on copyright in funded research (1965–70).The two policies and the differing technological and political contexts of the periods are compared and contrasted. The author concludes that a more nuanced approach to copyright, the digital information environment, and the support of an energized user community auger well for the success of the NIH policy, but that it is still too soon to tell.

Finding The Feathers In “Birds Of A Feather”: An Antiterrorist And Counterterrorist Dilemma In Profiling, Ibpp Editor

International Bulletin of Political Psychology

This article describes a significant challenge for intelligence analysts attempting to identify individuals, groups, and organizations that have joined, are joining, or will join forces in terrorist enterprises.