Equal Injustice For All: High Quality Self-Representation Does Not Ensure A Matter Is “Fairly Heard”, 2021 Seattle University School of Law
Equal Injustice For All: High Quality Self-Representation Does Not Ensure A Matter Is “Fairly Heard”, Jona Goldschmidt
Seattle University Law Review SUpra
No abstract provided.
Kiss Of Love Campaign: Contesting Public Morality To Counter Collective Violence, 2021 Savitribai Phule Pune University
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 ...
Unrules, 2021 University of Pennsylvania Carey Law School
Unrules, Cary Coglianese, Gabriel Scheffler, Daniel Walters
Faculty Scholarship at Penn Law
At the center of contemporary debates over public law lies administrative agencies’ discretion to impose rules. Yet, for every one of these rules, there are also unrules nearby. Often overlooked and sometimes barely visible, unrules are the decisions that regulators make to lift or limit the scope of a regulatory obligation, for instance through waivers, exemptions, and exceptions. In some cases, unrules enable regulators to reduce burdens on regulated entities or to conserve valuable government resources in ways that make law more efficient. However, too much discretion to create unrules can facilitate undue business influence over the law, weaken regulatory ...
Mass Incarceration In Nebraska: Data And Historical Analysis Of Inmates From 1980-2020, 2021 University of Nebraska - Lincoln
Mass Incarceration In Nebraska: Data And Historical Analysis Of Inmates From 1980-2020, Anna Krause
Honors Theses, University of Nebraska-Lincoln
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 ...
Jack Voltaic 3.0 Cyber Research Report, 2021 Army Cyber Institute
Jack Voltaic 3.0 Cyber Research Report, Erica Mitchell, Douglas Fletcher, Erik Korn, Steven Whitham, Jason Hillman, Ron Yearwood, Clint Walker, Aryn Pyke, Gabriel Weaver, Brandon Pugh, Katherine Hutton, George Platsis, Timothy Klett, Ryan Hruska
ACI Technical Reports
The Jack Voltaic (JV) Cyber Research project is an innovative, bottom-up approach to critical infrastructure resilience that informs our understanding of existing cybersecurity capabilities and identifies gaps. JV 3.0 contributed to a repeatable framework cities and municipalities nationwide can use to prepare. This report on JV 3.0 provides findings and recommendations for the military, federal agencies, and policy makers.
A Consent Framework For The Internet Of Things In The Gdpr Era, 2021 Dakota State University
A Consent Framework For The Internet Of Things In The Gdpr Era, Gerald Chikukwa
Masters Theses & Doctoral Dissertations
The Internet of Things (IoT) is an environment of connected physical devices and objects that communicate amongst themselves over the internet. The IoT is based on the notion of always-connected customers, which allows businesses to collect large volumes of customer data to give them a competitive edge. Most of the data collected by these IoT devices include personal information, preferences, and behaviors. However, constant connectivity and sharing of data create security and privacy concerns. Laws and regulations like the General Data Protection Regulation (GDPR) of 2016 ensure that customers are protected by providing privacy and security guidelines to businesses. Data ...
Self-Determination In American Discourse: The Supreme Court’S Historical Indoctrination Of Free Speech And Expression, 2021 University of Nebraska - Lincoln
Self-Determination In American Discourse: The Supreme Court’S Historical Indoctrination Of Free Speech And Expression, Jarred Williams
Honors Theses, University of Nebraska-Lincoln
Within the American criminal legal system, it is a well-established practice to presume the innocence of those charged with criminal offenses unless proven guilty beyond a reasonable doubt. Such a judicial framework-like approach, called a legal maxim, is utilized in order to ensure that the law is applied and interpreted in ways that legislative bodies originally intended.
The central aim of this piece in relation to the First Amendment of the United States Constitution is to investigate whether the Supreme Court of the United States has utilized a specific legal maxim within cases that dispute government speech or expression regulation ...
A Remedy For The Least Well Off: The Case For Preliminary Damages, 2021 University of Pennsylvania Carey Law School
A Remedy For The Least Well Off: The Case For Preliminary Damages, Gideon Parchomovsky, Alex Stein
Faculty Scholarship at Penn Law
Historically, the law helped impecunious plaintiffs overcome their inherent disadvantage in civil litigation. Unfortunately, this is no longer the case: modern law has largely abandoned the mission of assisting the least well off. In this Essay, we propose a new remedy that can dramatically improve the fortunes of poor plaintiffs and thereby change the errant path of the law: preliminary damages. The unavailability of preliminary damages has dire implications for poor plaintiffs, especially those wronged by affluent individuals and corporations. Resource constrained plaintiffs cannot afford prolonged litigation on account of their limited financial means. Consequently, they are forced to either ...
The Deregulation Deception, 2021 University of Pennsylvania Carey Law School
The Deregulation Deception, Cary Coglianese, Natasha Sarin, Stuart Shapiro
Faculty Scholarship at Penn Law
President Donald Trump and his supporters repeatedly pointed to positive economic trends in the United States prior to the pandemic as proof of the growth delivered by his Administration, especially through deregulation. Yet, the Trump Administration actually accomplished much less by way of deregulation than it claimed—and much less than most commentators and scholars have surmised. In this Article, we perform an original analysis of data on federal regulation from the Trump Administration’s four years and find every claim made about its deregulatory record turned out either to be wrong or significantly exaggerated. The reality is that the ...
Leases As Forms, 2021 University of Pennsylvania Law School
Leases As Forms, David A. Hoffman, Anton Strezhnev
Faculty Scholarship at Penn Law
We offer the first large scale descriptive study of residential leases, based on a dataset of ~170,000 residential leases filed in support of over ~200,000 Philadelphia eviction proceedings from 2005 through 2019. These leases are highly likely to contain unenforceable terms, and their pro-landlord tilt has increased sharply over time. Matching leases with individual tenant characteristics, we show that unlawful terms are surprisingly likely to be associated with more expensive leaseholds in richer, whiter parts of the city. This result is linked to landlords' growing adoption of shared forms, originally created by non-profit landlord associations, and more recently ...
The Basha's Tools? Imagining Alternative Justice Futures In Egypt, 2021 American University in Cairo
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 ...
The Rhetorical Devices Of The Keepers Of State Secrets, 2021 Independent Researcher
The Rhetorical Devices Of The Keepers Of State Secrets, Stephane Lefebvre
Secrecy and Society
This article examines a set of rhetorical devices forming a linguistic practice that are used repeatedly by secret keepers in the United States and the United Kingdom when legally and popularly arguing against the disclosure of state secrets. Each of these devices (using lists, using the future conditional, arguing from ignorance and authority, arguing from consequences, and arguing by analogy) play a role in shaping our social understanding of state secrecy. More importantly, these devices provide secret keepers a means by which to assert their knowledge and expertise, and to legitimize, if judges agree with them, the nondisclosure of state ...
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 pregnant ...
What Regulators Can Learn From Global Health Governance, 2021 University of Pennsylvania Carey Law School
What Regulators Can Learn From Global Health Governance, Cary Coglianese
Faculty Scholarship at Penn Law
The Great Pandemic of 2020 shows how much public health around the world depends on effective global and domestic governance. Yet for too long, global health governance and domestic regulatory governance have remained largely separate fields of scholarship and practice. In her book, Global Health Justice and Governance, Jennifer Prah Ruger offers scholars and practitioners of regulatory governance an excellent opportunity to see how domestic regulation shares many of the same problems, strategies, and challenges as global health governance. These commonalities reinforce how much national and subnational regulators can learn from global health governance. Drawing on insights from Prah Ruger ...
The Role Of Opposition In A Democracy: A Bibliometric Analysis, 2021 ICFAI Law School, ICFAI University, Himachal Pradesh
The Role Of Opposition In A Democracy: A Bibliometric Analysis, Abhinav Shrivastava Mr., Richa Dwivedi Ms.
Library Philosophy and Practice (e-journal)
Globally, democracy is under threat with the prevalence of authoritarian regime all over the world and the role of opposition in a democracy is an under studied subject and has not received adequate importance by researchers all over the world. The present study focuses on the bibliometrics analysis of the role of opposition in democratic system in order to understand the research status of the subject globally using SCOPUS and Web of Science databases.
The analysis shows that research has been undertaken by various organisations and researchers however, the present time demands more attention on the role of opposition so ...
Who Upholds Your Human Rights When You Are “Stateless?” Why Couldn’T The Un Protect The Rohingya’S Human Rights?, 2020 CUNY Bernard M Baruch College
Who Upholds Your Human Rights When You Are “Stateless?” Why Couldn’T The Un Protect The Rohingya’S Human Rights?, Hyochan Lee
In 2017, genocide in Myanmar took place against the stateless minority Rohingya Muslims. Why couldn’t the UN protect the Rohingya’s human rights? The international community's efforts to oppose these violations against the stateless people have been only passive. Then, who upholds your human rights when you are stateless? Using chronology, historical institutionalism, and process tracing analyses, this thesis (1) evaluates the UN’s legal regime’s systemic design and capabilities in protecting human rights; then (2) identifies the design flaws of our international human rights regime; and lastly, (3) develops a recommendation to protect all people, stateless ...
Amplification Of Legal Advocacy: Public Health Approaches To Releasing Immigrant Detainees At The Otay Mesa Detention Center, San Diego, California, United States, 2020 The University of San Francisco
Amplification Of Legal Advocacy: Public Health Approaches To Releasing Immigrant Detainees At The Otay Mesa Detention Center, San Diego, California, United States, Kaylin Rosal
Master's Projects and Capstones
This paper reviews the current health practices of Immigration and Customs Enforcement (ICE) detention centers, focusing on asylum seekers housed at Otay Mesa Detention Center (OMDC) located in San Diego, California, United States. Many asylum seekers, or foreign nationals who have been confirmed to have a credible fear of persecution in their home countries, regardless of how they enter the United States, are placed into Federal Immigration and Customs Enforcement detention centers. Two avenues for the release of detainees while they wait for their asylum cases to be heard by an immigration judge are bond and parole applications, the basis ...
I Am Not Your Felon: Decoding The Trauma, Resilience, And Recovering Mothering Of Formerly Incarcerated Black Women, 2020 Montclair State University
I Am Not Your Felon: Decoding The Trauma, Resilience, And Recovering Mothering Of Formerly Incarcerated Black Women, Jason M. Williams, Zoe Spencer, Sean K. Wilson
Department of Justice Studies Faculty Scholarship and Creative Works
Black women are increasingly targets of mass incarceration and reentry. Black feminist writers call attention to scholars’ need to intersectionalize analyses around how Black women interface with state systems and social institutions. This study foregrounds narratives from Black women to understand their plight while navigating reentry through a phenomenological approach. Through semi-structured interviews, narratives are analyzed using critical frameworks that authentically unearths the lived realities of participants. Themes reveal that for Black mothers, reentry can be just as criminalizing as engaging crime itself. These women face dire consequences around their mothering that induce them into tremendous bouts of trauma. Existing ...
Policing In A Democratic Constitution, 2020 Maurer School of Law: Indiana University
Policing In A Democratic Constitution, Michael Wasco
Indiana Journal of Constitutional Design
Most constitutions contain provisions relating to or impacting policing. Separate from the armed forces and intelligence services, the police are the state’s internal security apparatus, and codifying issues related to policing within a constitution can ensure efficient service delivery and human rights protections.
Originating from the Libyan constitution making process, this paper provides a taxonomy of options for constitution drafters and scholars. More so than other issues, such as separation of powers or human rights protections generally, policing sections are very country specific. While not advocating for specific best practices, the work gives ample justifications for certain policing principles ...
The Identity Formation Process Of Immigrant Children: A Case Study Synthesis, 2020 Stephen F. Austin State University
The Identity Formation Process Of Immigrant Children: A Case Study Synthesis, Jose Carbajal
Introduction: Children who immigrate often have difficulties in adjusting to their host country. A single case study based on similar narratives is composed to develop the character of a child’s developmental cultural issues as he immigrated to the United States from El Salvador. Attachment theory is reviewed to discuss how detachment and re-attachment affected him. A review of the literature on assimilation and acculturation is also provided. Objectives: The author synthesizes the work experience with the population with migration history to illustrate how attachment and loss impact these individuals, through a composed case study illustrated through the experience of ...