Matching Items (8)
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- All Subjects: Law
- All Subjects: Muslim
- Creators: Marchant, Gary
- Member of: Theses and Dissertations
- Status: Published
Description
Gender and sex are often conflated. Our laws, policies, and even science establish sex and gender as intrinsically linked and dimorphic in nature. This dissertation examines the relationship between sex and gender and the repercussions of this linked dimorphism in the realms of law, politics, and science. Chapter One identifies the legal climate for changing one's sexual identity post-surgical reassignment. It pays particular attention to the ability of postsurgical transsexuals to marry in their acquired sex. Chapter Two considers the process for identifying the sex of athletes for the purposes of participation in sex-segregated athletic events, specifically the role of testing and standards for categorization. Chapter Three explores the process of identifying and assigning the sex of intersex children. Chapter Four examines the process of prenatal sex selection and its ethical implications. Chapter Four also offers an anticipatory governance framework to address these implications.
ContributorsParsi, John (Author) / Crittenden, Jack (Thesis advisor) / Guston, David H. (Committee member) / Marchant, Gary (Committee member) / Arizona State University (Publisher)
Created2013
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
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 study analyzed currently existing statute at the state, federal, and international level to ultimately build a criteria of recommendations for policymakers to consider when building regulations for facial recognition technology usage by law enforcement agencies within the United States.
ContributorsHong, Susan Suggi (Author) / Royal, K (Thesis director) / Marchant, Gary (Committee member) / Historical, Philosophical & Religious Studies (Contributor) / School of Politics and Global Studies (Contributor, Contributor) / Historical, Philosophical & Religious Studies, Sch (Contributor) / Barrett, The Honors College (Contributor)
Created2021-05
Description
To mitigate climate change, carbon needs to be removed from the atmosphere and stored for thousands of years. Currently, carbon removal and storage are voluntarily procured, and longevity of storage is inconsistently defined and regulated. Clauses can be added to procurement contracts to require long-term management and increase the durability of storage. Well-designed and properly enforced contracts can pave the way to future regulation for long-term carbon management.
ContributorsHagood, Emily (Author) / Lackner, Klaus (Thesis director) / Marchant, Gary (Committee member) / Barrett, The Honors College (Contributor) / Materials Science and Engineering Program (Contributor) / School of Mathematical and Statistical Sciences (Contributor) / School of Sustainability (Contributor)
Created2023-05
Description
The 1973 Supreme Court case Roe v. Wade was a significant event in the story of fetal personhood—the story of whether embryos and fetuses are legal persons. Roe legalized abortion care in the United States (US). However, the story of fetal personhood began long before the 1970s. People have been talking about embryos, fetuses, and their status in science, the law, and society for centuries. I studied the history of fetal personhood in the United States, tracing its origins from Ancient Rome and Medieval England to its first appearance in a US courtroom in 1884 and then to the Supreme Court’s decision in 1973.
But this isn’t a history of events—of names and dates and typical details. This is a history of words. In the twenty-first century, words used to discuss embryos and fetuses are split. Some people use humanizing language like “unborn children” and “human life.” Others use technical words like “embryos” and “fetuses.” I studied what words people used historically. I charted how words moved from science to the public to the law, and how they impacted court rulings on fetal personhood.
The use of certain words nudged courts to grant additional rights to embryos and fetuses. In the 1960s, writers began describing the science of development, using words like “unborn child” and humanizing descriptions to make embryos and fetuses seem like people already born. That helped build an idea of embryos and fetuses as having “life” before birth. When people began asking courts to legalize abortion care in the 1970s, attorneys on the opposite side argued that embryos and fetuses were “human life,” and that that “life” began at conception.
In those cases, “life” was biologically defined as when sperm fertilized egg, but it was on that biological definition “life” that judges improperly rested their legal rulings that embryos and fetuses were “potential human life” states had a duty to protect. It wasn’t legal personhood, but it was a legal status that let states pass laws restricting abortion care and punishing pregnant people for their behavior, trends that threaten people’s lives and autonomy in the twenty-first century.
But this isn’t a history of events—of names and dates and typical details. This is a history of words. In the twenty-first century, words used to discuss embryos and fetuses are split. Some people use humanizing language like “unborn children” and “human life.” Others use technical words like “embryos” and “fetuses.” I studied what words people used historically. I charted how words moved from science to the public to the law, and how they impacted court rulings on fetal personhood.
The use of certain words nudged courts to grant additional rights to embryos and fetuses. In the 1960s, writers began describing the science of development, using words like “unborn child” and humanizing descriptions to make embryos and fetuses seem like people already born. That helped build an idea of embryos and fetuses as having “life” before birth. When people began asking courts to legalize abortion care in the 1970s, attorneys on the opposite side argued that embryos and fetuses were “human life,” and that that “life” began at conception.
In those cases, “life” was biologically defined as when sperm fertilized egg, but it was on that biological definition “life” that judges improperly rested their legal rulings that embryos and fetuses were “potential human life” states had a duty to protect. It wasn’t legal personhood, but it was a legal status that let states pass laws restricting abortion care and punishing pregnant people for their behavior, trends that threaten people’s lives and autonomy in the twenty-first century.
ContributorsAbboud, Carolina (Author) / Maienschein, Jane (Thesis advisor) / Justice, George (Committee member) / Marchant, Gary (Committee member) / Pyne, Stephen (Committee member) / Arizona State University (Publisher)
Created2020
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
Description
My honors thesis focuses on the technological aspects and the legal impacts of prosthetics and advanced prosthetics. There is a lot of case law dealing with early prosthetics when it comes to worker’s compensation, airport security, prisons and sports. However, there has been little case law that has dealt with advanced prosthetics. As prosthetic limbs become more technologically advanced and intertwined with one’s identity, it is crucial that laws are made to draw a new line between person and property. The innovation of prosthetic limbs has just begun and will surely face setbacks along the way, but the benefits will be worth it once the law catches up with the rapidly advancing technology.
ContributorsRogers, Madison (Author) / Marchant, Gary (Thesis director) / Schaefer, Sydney (Committee member) / Barrett, The Honors College (Contributor) / Harrington Bioengineering Program (Contributor)
Created2022-05