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On Critical Genealogy, Bernard E. Harcourt 2024 Columbia Law School

On Critical Genealogy, Bernard E. Harcourt

Faculty Scholarship

Today most critical theorists who deploy history use a genealogical method forged by Nietzsche and Foucault. This genealogical approach now dominates historically inflected critique. But not all genealogical writings today, nor all philosophical debates surrounding genealogy, advance the goals of critical philosophy. It is crucial now that we assess the value of genealogical critiques. The proper metric against which to evaluate such work is whether it contributes to transforming ourselves, others, and society in a valuable way. In this article, I propose that we use the term “critical genealogy” to identify those genealogical practices that positively nourish our activity and, …


Preference Conflict And Peace Studies: The Line Between Disagreement And Violence, FREDERIC R. KELLOGG 2024 The George Washington University

Preference Conflict And Peace Studies: The Line Between Disagreement And Violence, Frederic R. Kellogg

Peace and Conflict Studies

Broadening the definition of conflict defines more comprehensively the condition of peace, focusing on how unresolved shared disagreements can lead to, or avoid, polarization and violence. The line between general disagreement and violent conflict lies in the adjustment of shared preferences. Matters like reproductive rights, medically assisted death, race and gender discrimination, while subject to political polarization, are open to peaceful redress through what John Dewey called the transformative continuum of inquiry, in which the crucial social response to shared problems includes dispute and conflict. Resolution of controversial social problems requires preference adjustment and habit change, often, if not always, …


Rawls, Game Theory, And The Multiple Meanings Of Equality, David Crump 2024 University of Houston Law Center

Rawls, Game Theory, And The Multiple Meanings Of Equality, David Crump

St. Mary's Law Journal

No abstract provided.


Presidential Influence On The Bureaucracy: The Curious Case Of Lina Khan, Nickolas Remish 2024 University of Mary Washington

Presidential Influence On The Bureaucracy: The Curious Case Of Lina Khan, Nickolas Remish

Student Research Submissions

How effective can a president be in promoting his or her policies through the bureaucracy? Most theories postulate the president has influence – via appointees, budgeting, and executive orders. This paper unpacks the president’s influence on the bureaucracy by analyzing President Biden’s effect on antitrust, particularly with regards to addressing labor concerns. Biden appears to depart from previous presidential administrations due to his heightened emphasis on labor’s need for protection and antitrust law as the optimal vehicle for helping workers. The data, pulled from federal and state court antitrust cases since 2000, relies on textual analysis with regards to the …


Silencing And Surveillance: The Struggle Of Same-Sex Desire In The Shadow Of The 20th-Century Police State, Ethan Dunn 2024 University of Nebraska-Lincoln

Silencing And Surveillance: The Struggle Of Same-Sex Desire In The Shadow Of The 20th-Century Police State, Ethan Dunn

Honors Theses

This paper investigates the intersection of social perceptions of vice and gender norms in shaping the policing of sexual orientation and sexuality during the turn of the twentieth century. Employing a legal analysis rooted in the law and society movement and critical legal studies, this study examines how social anxieties surrounding vice and vice crimes prompted swift legislative measures at both federal and state levels, resulting in statutes characterized by broad language that granted extensive discretion to law enforcement officials and judges. The emergence of morals and vice police squads further intensified the targeting of individuals who deviated from prevailing …


Putting A Slam On Alcohol Violators Through Dram- How The State Of Ohio Can Improve The Day-To-Day Safety Of Its Residents Through Dram Laws, Steven Iwanek 2024 Bowling Green State University

Putting A Slam On Alcohol Violators Through Dram- How The State Of Ohio Can Improve The Day-To-Day Safety Of Its Residents Through Dram Laws, Steven Iwanek

Honors Projects

In the realm of legal frameworks governing the service and consumption of alcohol, Dram Shop Liability Laws play a pivotal role in holding establishments accountable for the consequences of alcohol-related incidents. These laws, known as dram laws, vary across states, delineating the responsibilities of alcohol servers and establishments in preventing the overconsumption of alcohol and the resultant harm. This examination delves into a comprehensive background of dram laws, particularly focusing on their historical evolution, their present implications, and the imperative need for refinement.

As societal dynamics and patterns of alcohol consumption evolve, so too must the legislative mechanisms designed to …


The Will To Chaos And Disorder: The Behemoth As A Model Of Political Economy, Bernard E. Harcourt 2024 Columbia Law School

The Will To Chaos And Disorder: The Behemoth As A Model Of Political Economy, Bernard E. Harcourt

Faculty Scholarship

The history of political economy is tormented by beasts. The most famous is the Leviathan, the giant serpentine monster that figures in Hobbes’s masterpiece of modern political theory. Robert Fredona and Sophus Reinert spotlight another sea monster, the Kraken, that giant octopus or squid with a particular morphology (i.e., its tentacles) that so fittingly describes the grip of multinational corporations, stateless financial capital, social media, and tech giants today. But there are still other monsters in the bestiary of political economy. In this essay, I highlight the Behemoth, a land monster that captures another critical dimension of political economy: the …


Understanding Spiritual Abuse: Incentives To Preserve Spiritual Power & Reducing Abusive Experiences, Eric Isaac 2024 Florida International University

Understanding Spiritual Abuse: Incentives To Preserve Spiritual Power & Reducing Abusive Experiences, Eric Isaac

FIU Electronic Theses and Dissertations

While the definition of spiritual abuse is still being refined in psychological contexts, more research is needed to explain why the phenomenon occurs in faith communities. Therefore, there is limited understanding of how to identify systems or cultures that may perpetuate or encourage spiritual abuse. Likewise, with limited understanding of the motivating factors in the perpetuation of spiritual abuse and how those factors inform the intensity of spiritually abusive experiences, it is impossible to create policies for preventing the phenomenon. This research seeks to discover how incentives for preserving spiritual power by Protestant leaders affect experiences of spiritual abuse in …


Pill Mills To Fentanyl: Tackling The Opioid Epidemic, UNF Office of Public Policy Events, Rico Bodin, Lindsey Vuolo, Susan Pitman, Katherine Hooper, J. Mitchell Miller 2024 University of North Florida

Pill Mills To Fentanyl: Tackling The Opioid Epidemic, Unf Office Of Public Policy Events, Rico Bodin, Lindsey Vuolo, Susan Pitman, Katherine Hooper, J. Mitchell Miller

University Events and History Multimedia

The public was invited to attend the University of North Florida’s latest Diverse Perspectives Series event, “Pill Mills to Fentanyl: Tackling the Opioid Epidemic.”

Hosted by UNF’s Office of Public Policy Events, the free discussion was held from 5 to 6:30 p.m. on Feb. 22, 2024, in the Robinson Theatre.

Drug overdoses killed a record 112,000 Americans last year, with most of the deaths coming from synthetics opioids like fentanyl.

The following experts will weigh in on what the healthcare industry, nonprofit sector and criminal justice system can do to tackle the opioid epidemic:

  • Rico Bodin (moderator), director of recovery …


The Role Of Mayors In Achieving Brunei Darussalam’S Wawasan 2035, Lessons From China, Brice Tseen Fu Lee, Ayidana Asihaer, Juan Pablo Sims 2024 Fudan University & Universidad del Desarrollo

The Role Of Mayors In Achieving Brunei Darussalam’S Wawasan 2035, Lessons From China, Brice Tseen Fu Lee, Ayidana Asihaer, Juan Pablo Sims

Journal of Strategic and Global Studies

Brunei Darussalam's national vision, WAWASAN 2035, sets forth ambitious goals for the nation's development, emphasizing a centralized governance paradigm. However, the potential of decentralized governance, as exemplified by China's mayor-led districts, offers a compelling model for achieving national aspirations. This research explores the feasibility and potential benefits of introducing mayors in Brunei's districts, drawing insights from China's successful decentralized governance structure. By fostering inter-district competition and allowing for localized policy tailoring, Brunei can enhance its adaptability and responsiveness to local nuances. Drawing from China's experiences, this study provides a comprehensive understanding of how Brunei might optimize its governance structure to …


How Can Law Enforcement Use Technology To Protect Citizens Justly?, Zach Kantenwein 2024 Kennesaw State University

How Can Law Enforcement Use Technology To Protect Citizens Justly?, Zach Kantenwein

Emerging Writers

This paper explores the danger of emerging artificial intelligence technology perpetuating racial injustice in law enforcement and how police can ensure the protection of citizens amid this information age. We dissect a real-world case in which AI predictive policing technology resulted in alarming racial discrimination against American minority citizens. We discuss the possible explanations for this result and explore the limitations of artificial intelligence technology. Furthermore, we brainstorm methods for ensuring American citizens' just and constitutional protection as new technology is developed and tested. We propose implementing transparency laws that make the details about any policing technology and surveillance available …


Judicial Independence: An Important Yet Fragile Concept Needed For The Democracy Of The United States, Michael Johnson Jr 2024 Arcadia University

Judicial Independence: An Important Yet Fragile Concept Needed For The Democracy Of The United States, Michael Johnson Jr

Capstone Showcase

My thesis explores the processes by which jurists are appointed to the bench to various State Supreme Courts through several selection methods. I delve deep into the extensive and intricate history surrounding judicial independence as an institutional concept, which has caused signs of concern for many legal and institutional scholars. My research aims to address the question: To what extent do the methods and mechanisms intended to safeguard judicial independence effectively fulfill their purpose? To answer this question, I use a pattern matching method to analyze a selection of six summary judgment cases–chosen randomly–from each state. Three cases where the …


Empirical Examination Of Factors That Influence Official Decisions In Criminal Cases Against Police Officers, Francis D. Boateng, Daniel K. Pryce, Michael K. Dzordzormenyoh, Ming-Li Hsieh, Alan Cuff 2024 The University of Mississippi

Empirical Examination Of Factors That Influence Official Decisions In Criminal Cases Against Police Officers, Francis D. Boateng, Daniel K. Pryce, Michael K. Dzordzormenyoh, Ming-Li Hsieh, Alan Cuff

Sociology & Criminal Justice Faculty Publications

In the current paper, we examine departmental and court decision-making in criminal cases against police officers. The study has two objectives: 1) to examine variables that impact departmental decisions in criminal cases against police officers, and 2) to examine factors that affect case disposition/conviction decisions by the courts. To achieve these objectives, we analyzed nationally representative arrest data using multiple statistical approaches. The results obtained revealed important patterns that are critical to our understanding of how the courts and police departments decide matters relating to police criminality. For instance, victim characteristics significantly influenced decision-making by both the police agency and …


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 2023 Universidad Autónoma de Campeche

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 …


Book Review: Kings, Conquerors, Psychopaths: From Alexander To Hitler To The Corporation, Tim Bakken 2023 United States Military Academy at West Point

Book Review: Kings, Conquerors, Psychopaths: From Alexander To Hitler To The Corporation, Tim Bakken

Genocide Studies and Prevention: An International Journal

The book Kings, Conquerors, Psychopaths is a survey of a vast amount of human wrongdoing. It lays bare the motivations of aggressors who wish to subjugate nations or groups of people and corporate executives and government bureaucrats who make discretionary decisions that harm people. Along with cataloging mass killings by despots and soldiers, the book includes stories about Ponzi-schemers and the deaths of automobile drivers and passengers who were killed by vehicle defects known to the manufacturer. The book posits that “[p]owerful, elite forces are trying to force us backward toward a non-democratic state, one where power, wealth, and prerogative …


Lighting The Way Of The Learner: Towards A Social Virtue Epistemology In Aḥmad Al-Ṣaghīr’S The Faqīh’S Lantern, Amani Khelifa 2023 Western University

Lighting The Way Of The Learner: Towards A Social Virtue Epistemology In Aḥmad Al-Ṣaghīr’S The Faqīh’S Lantern, Amani Khelifa

Electronic Thesis and Dissertation Repository

This thesis offers an original translation and analysis of a West African didactic poem in Islamic ethics and law, by the Mālikī-Ashʿarī Mauritanian scholar Aḥmad al-Ṣaghīr (d. 1272 AH/1856 CE) called The Faqīh’s Lantern (Miṣbāḥ al-Faqīh). In addition to the critical translation, I examine the poem thematically through the lens of social virtue epistemology. Chapter 1 sketches the background of the text and author, positioning the author historically as a product of a rich scholarly and pedagogical tradition while noting Mauritania’s contemporary place in the North American Muslim imagination. Chapter 2 is the translation of the text, making …


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 2023 Universidad Intercultural Maya de Quintana Roo

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 …


Making Your Spring Break Sustainable: Can Tourism Be A Driver For Positive Environmental Change?, Katherine Ort 2023 Kennesaw State University

Making Your Spring Break Sustainable: Can Tourism Be A Driver For Positive Environmental Change?, Katherine Ort

Journal of Maya Heritage

The Riviera Maya has undergone rapid development in the last few decades due to increased demand for tourism, putting pressure on surrounding ecosystems and cultural sites. As demand for tourism shows no signs of decreasing, there is an ever-increasing need for effective management solutions. The town of Puerto Morelos is striving to forward sustainable tourism based on its natural and cultural assets. As a new municipality, it has the chance to shape policy from a relatively blank canvas. This study involved collecting data about the different perspectives of key stakeholders through qualitative interviews and surveys to understand if the views …


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. 2023 University of Washington Tacoma

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’ …


The Oligarchic Courthouse: Jurisdiction, Corporate Power, And Democratic Decline, Helen Hershkoff, Luke Norris 2023 New York University School of Law

The Oligarchic Courthouse: Jurisdiction, Corporate Power, And Democratic Decline, Helen Hershkoff, Luke Norris

Michigan Law Review

Jurisdiction is foundational to the exercise of judicial power. It is precisely for this reason that subject matter jurisdiction, the species of judicial power that gives a court authority to resolve a dispute, has today come to the center of a struggle between corporate litigants and the regulatory state. In a pronounced trend, corporations are using jurisdictional maneuvers to manipulate forum choice. Along the way, they are wearing out less-resourced parties, circumventing hearings on the merits, and insulating themselves from laws that seek to govern their behavior. Corporations have done so by making creative arguments to lock plaintiffs out of …


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