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- Creators: Department of English
- Member of: Theses and Dissertations
- Status: Published
Description
The state of exception in Rwanda did not spontaneously occur in Rwanda, it was initially developed by German and Belgian colonizers, adopted by two successive Hutu regimes, and nurtured and fed for 35 years of Rwandan independence until its final realization in the 1994 genocide. Political theory regarding the development of the "space devoid of law" and necropolitics provide a framework with which to analyze the long pattern of state action that created a milieu in which genocide was an acceptable choice of action for a sovereign at risk of losing power. The study of little-known political theories such as Agamben's and Mbembe's is useful because it provides a lens through which we can analyze current state action throughout the world. As is true in many genocidal regimes, the Rwandan genocide did not just occur as a "descent into hell." Rather, state action over the course of decades in which the subjects of the state (People) were systematically converted into mere flesh beings (people), devoid of political or social value, creates the setting in which it is feasible to seek to eliminate those beings. A question to be posed to political actors and observers around the world today is at what point in the process of one nation's creation of the state of exception and adoption of necropolitics does the world have a right, and a duty, to intervene? Thus far, it has always occurred too late for the "people" in that sovereign to realize their political and social potential to be "People."
ContributorsSinema, Kyrsten (Author) / Johnson, John (Thesis advisor) / Quan, Helen (Committee member) / Gomez, Alan (Committee member) / Doty, Roxanne (Committee member) / Arizona State University (Publisher)
Created2012
Description
Modern Americans ignorantly live under a blanket of unread terms, conditions, and binding contracts. Often, these contracts (mostly associated with products and services) come and go with little effect. Periodically, the products or services cause the consumer harm, leading them to seek repair. The consumer then realizes that all the fine print they failed to read makes an impactful legal difference. This paper analyzes the work of Professor Radin through her book, Boilerplate. It goes on to explore many other arguments presented by contract theorists and makes substantial claims regarding the dangers of boilerplate (unread terms and conditions).
ContributorsBecker, Alexander Daniel (Author) / Koretz, Lora (Thesis director) / Calleros, Charles (Committee member) / Barrett, The Honors College (Contributor) / W. P. Carey School of Business (Contributor) / Department of English (Contributor)
Created2015-05
Description
Contributing to the small but growing body of research on linguistic discrimination in legal settings, this thesis conducts a sociolinguistic investigation of the impact of an individual's accent on juror perceptions of defendant favorability and innocence. The study used an online questionnaire in which sixty mock jurors were each asked to evaluate the audio testimony of a defendant representing one of three English ethnolects: African American, British South African, or Caucasian American. In addition to rating the defendant's persuasiveness, honesty, credibility, trustworthiness, and guilt, participants were also asked to determine an appropriate punishment (if any) for the defendant. Results indicate a preference of participants to issue an unsure or caveat opinion for the African American speaker but not to the British South African or Caucasian American speaker. The implications of these findings, as well as the correlations between each variable are discussed. The paper concludes with a recommendation for legal training and a revision of courtroom practices.
ContributorsMaerowitz, Max Robert (Author) / Prior, Matthew (Thesis director) / Adams, Karen (Committee member) / Barrett, The Honors College (Contributor) / School of Historical, Philosophical and Religious Studies (Contributor) / Department of English (Contributor)
Created2014-05
Description
Muslim refugees and Muslim immigrants, and undocumented immigrants have been a prominent part of American culture and have been woven into the history of the United States. Both group's presence in the United States has elicited rhetoric from U.S citizens and U.S public officials. One may infer that the narrative of Muslim refugees and Muslim immigrants overlaps the narrative of undocumented immigrants living in the United States. Both Muslim refugees and immigrants as well as unauthorized immigrants, are criminalized in the United States, or are associated to crime by default of their faith and or their legal status. The association that Muslim refugees and Muslim immigrants, and undocumented immigrants have with crime, based on their rhetoric, has elicited a policy from the United States government as well. The United States government has responded to a presumed threat that both groups pose to U.S. citizens and the nation by means of aggressive legislation, both local and federal. In this research paper, past and present discourse on Muslim refugees and Muslim immigrants and undocumented immigrants was analyzed to determine each of the group's narrative; the mainstream media, newspapers and photographic images, was also considered to determine the narrative of both groups. Based on the discourse on Muslim refugees and Muslim immigrants and on undocumented immigrants, the media portrayal of both groups, and on the change of public policy one may assert that the narratives of both groups overlaps; as both Muslim refugees and immigrants and unauthorized immigrants are seen as a possible threat to the American people.
ContributorsGalvan, Brigitte Magdalena (Author) / Doty, Roxanne (Thesis director) / Magaña, Lisa (Committee member) / School of Politics and Global Studies (Contributor) / Barrett, The Honors College (Contributor)
Created2017-05
Description
This thesis examines the history of abortion law in Italy and the current status of abortion access, finding that ambiguities in legal wording significantly contribute to the current inaccessibility of abortion throughout the country. Lack of clarity regarding conscientious objection has lead to widespread rates of objection across Italy, limiting women's ability to find providers willing to perform the service. In addition, because the law does not expressly state what procedures are included under conscientious objection, women may be denied pre- or post-abortion care and face difficulties finding treatment for miscarriages. Finally, I explore potential avenues to ameliorate the current status of abortion access in Italy.
ContributorsJohnson, Olivia (Author) / Maienschein, Jane (Thesis director) / Ziganshina, Dina (Committee member) / Barrett, The Honors College (Contributor) / Historical, Philosophical & Religious Studies, Sch (Contributor) / Department of English (Contributor) / School of International Letters and Cultures (Contributor)
Created2023-05
Description
This paper looks at case studies, legal journals, and legal commentaries to examine the history of plea bargains and determine how such a practice slowly crept its way into the American judicial system. Next, I discern both the two specific benefits and three disadvantages of utilizing plea bargains in a system that was traditionally renowned for its unique form of adversarial / trial based justice. By analyzing case studies and legal texts, I find that the administrative advantages and cost benefits used to rationalize continued usage of plea deals does not outweigh its extremely negative effects on significant aspects of law and the American legal system. These significant negative effects as a product of the plea bargain are a definitive hindrance to justice and further characterize the system as no longer fair and certainly not equitable. Consequently, I assert that in order to maintain the ethics of the system, plea bargains should be removed. I also generally outline the Philadelphia Bench Trial as a prospective and viable alternative to plea bargains that could act as an intriguing substitute. The Philadelphia Bench Trial represents a highly viable alternative to the plea bargain and consequently preserves many of the advantages plea bargains offer the system without sacrificing the adversarial element necessary to receive correct and accurate verdicts.
ContributorsRimsza, Alex Gill (Author) / Stanford, Michael (Thesis director) / Forst, Brad (Committee member) / Dean, W.P. Carey School of Business (Contributor) / Department of English (Contributor) / Sandra Day O'Connor College of Law (Contributor) / Barrett, The Honors College (Contributor)
Created2019-05
Description
This study reports findings regarding vulnerability to intimate partner violence and barriers to seeking services for Arab Muslim immigrant women in the United States. The implications of gender-role expectations, isolation and dependence, and religious interpretations on vulnerability to violence are assessed. Barriers to seeking services, such as immigration status, divorce/legal separation, reports of violence to authorities, and over-inclusion, are identified. The study also includes recommendations for service providers that cater to this population. This study concludes with a brief discussion.
ContributorsDasgupta, Trisha (Author) / Ali, Souad (Thesis director) / Anderson, Lisa M. (Committee member) / Department of Management and Entrepreneurship (Contributor) / School of Social Transformation (Contributor) / Barrett, The Honors College (Contributor)
Created2019-05