Dissertations / Theses: 'Americas - law'

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Scarfi, Juan Pablo. "International law and pan-Americanism in the Americas, 1890-1942." Thesis, University of Cambridge, 2014. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.648513.

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Fensom, Meredith. "Judicial reform in the Americas the case of Chile /." [Gainesville, Fla.] : University of Florida, 2004. http://purl.fcla.edu/fcla/etd/UFE0006263.

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Filippidis, Mariel Solange. "Developing a dispute settlement system for the free trade area of the Americas : a comparison of some aspects of the dispute settlement mechanisms of the GATTWTO and certain regional and bilateral dispute settlement systems of the western hemisphere." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=21680.

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Within the context of the current negotiations over the Free Trade Area of the Americas, there is an unquestionable need to create a system to resolve disputes that may arise between the state parties. Since new dispute settlement systems are often developed by borrowing and learning from past experiences, this thesis examines and compares certain aspects of the dispute settlement mechanisms of the World Trade Organization and certain regional and bilateral agreements signed in the western hemisphere. The result of the analysis is a set of proposals about which of these aspects could be effectively integrated into the design of the dispute settlement system of the Free Trade Area of the Americas.

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Lee, John Jong-Pyo. "Equipping lay shepherds for a Korean-American church in America." Theological Research Exchange Network (TREN), 1995. http://www.tren.com.

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Orique, David Thomas 1959. "The unheard voice of law in Bartolome de Las Casas's "Brevisima relacion de la destruicion de las Indias"." Thesis, University of Oregon, 2011. http://hdl.handle.net/1794/11616.

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xiv, 485 p.
The organizing principle of this dissertation is that Las Casas's most famous work, the Brevisima relacion , is primarily an intricately reasoned legal argument against the excesses of early Spanish colonialism rather than a fiery polemical diatribe by the "first human rights activist." Contrary to such anachronistic (though enduringly popular) characterization, this study employs a historical perspective to view this influential text as belonging to the genres of the early modern juridical tradition. Accordingly, this investigation begins by examining the historical matrix of fifteenth-century and early sixteenth-century Spain to properly contextualize Las Casas's early life and certain initial colonial institutions of the Spanish Indies. Similarly, his juridical expertise is firmly rooted in an explication of his contemporaneous formation in canon law and theology. From these foundational strands of his life and work, his maturing juridical voice spoke most decisively in certain of the major debates among Spanish jurists, theologians, and politicians--as well as in the Brevísima relación --in the wake of the Iberian "discovery" of what was for all concerned a physical as well as philosophical "New World." The combined focus of subsequent chapters elucidates the fundamentally juridical dimensions of the text, beginning with the specific context accompanying its genesis in 1542 until its publication a decade later. The treatise's legal character as an official publication based on various evidentiary sources is further revealed by the text's triple function--to inform, to denounce, and to petition, which in turn corresponds to the genres of relaciones, denuncias , and peticiones of the civil juridical tradition. The Brevísima relación 's content unveils far more than this; the epistemological rationale and analytic framework are intimately linked to canonistic, Thomistic, and biblical genres of the ecclesial juridical tradition. Continuing this historical investigation, the concluding chapter demonstrates anew the fundamental grounding of Las Casas's approach in the vibrant first generations of juristic discourse of the so-called Spanish colonial era. His multifaceted juridical voice was distinctively encoded in a powerful melding of civil and ecclesial legal traditions. This dissertation intends to communicate this voice intelligibly with the proper accents of the past.
Committee in charge: Dr. Robert Haskett, Chairperson; Dr. Carlos Aguirre, Member; Dr. Stephanie Wood, Member; Dr. David Luebke, Member; Dr. Stephen Shoemaker, Outside Member

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Arthur, Susan B. "Atticus and the Law." Ohio Dominican University / OhioLINK, 2020. http://rave.ohiolink.edu/etdc/view?acc_num=odu1607169386802922.

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Pérez-León, Acevedo Juan Pablo. "The inconvenience of the reasonable person standard in criminal law." Pontificia Universidad Católica del Perú, 2014. http://repositorio.pucp.edu.pe/index/handle/123456789/115936.

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Following American legal sources, I argue that the use of the reasonable person standard in criminal law is inaccurate and unfair, and, therefore, inconvenient to evaluate human behaviour based on three arguments which address flaws of the standard under analysis. Firstly, this standard is by definition abstract, theoretical and general, not reflecting appropriately the person’s sensory and ideational perception of the situation. Secondly, the trend in American legislation and case-law is to apply, in criminal cases, e.g., self-defence, a hybrid criterion, which consists in the consideration of a person’s belief and the correspondence of such a belief to what a reasonable person would believe under the circumstances, as opposed to a purely objective standard. The principle of individual criminal culpability underlies this. Thirdly, the reasonable person standard imposes a sort of majority’s dictatorship by perpetuating a predominant culture disregarding the viewpoints from minority groups.
Siguiendo fuentes jurídicas americanas, sostengo que el uso del estándar de la persona razonable en derecho penal es inexacto e injusto y, por lo tanto, inconveniente para evaluar conducta humana sobre la base de tres argumentos que abordan las imperfecciones del estándar bajo análisis. Primero, este estándar es por definición abstracto, teórico y general y no refleja apropiadamente la percepción sensorial y cognitiva de la situación. Segundo, la tendencia en legislación y jurisprudencia americanas, en casos penales, por ejemplo, defensa propia, es el uso de un criterio híbrido, el cual consiste en la consideración de la creencia de la persona y la correspondencia de dicha creencia con lo que la persona razonable creería bajo las circunstancias, lo que es opuesto a un estándar puramente objetivo. Tercero, el estándar de la persona razonable impone una suerte de dictadura de la mayoría al perpetuar una cultura predominante sin considerar los puntos de vista de los grupos minoritarios.

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Carda, Jeanelle Marie. "Wiccan Marriage and American Marriage Law: Interactions." Digital Archive @ GSU, 2008. http://digitalarchive.gsu.edu/rs_theses/17.

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This project considers the ways in which Wiccan marriage and American marriage law interact with each other. The thesis examines certain aspects of the history of 20th-century American marriage law, the concurrent development of contemporary marriage ritual in Wicca, developing problems in this area, and possible solutions. In particular, the project focuses on the recognition of religious groups and their officials as they are authorized by state and federal law to perform marriages and how this process has affected Wiccan ritual.

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Carda, Jeanelle. "Wiccan marriage and American marriage law Interactions /." unrestricted, 2008. http://etd.gsu.edu/theses/available/etd-11192008-103902/.

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Thesis (M.A.)--Georgia State University, 2008.
Title from file title page. Timothy Renick, committee chair ; Kathryn McClymond, Jonathan Herman, committee members. Electronic text (58 p.) : digital, PDF file. Description based on contents viewed Oct. 19, 2009. Includes bibliographical references (p. 50-58).

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Costello, Damian M. "Honor and Caritas: Bartolomé De Las Casas, Soldiers of Fortune, and the Conquest of the Americas." University of Dayton / OhioLINK, 2013. http://rave.ohiolink.edu/etdc/view?acc_num=dayton1375380700.

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Aguiar, Maricruz. "Real estate law the American dream transfigured into the American mortgage crisis." Honors in the Major Thesis, University of Central Florida, 2012. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/655.

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Real Estate law is the body of rules and regulations with legal codes that concern ownership, development and transactions. Real Estate has grown to be one of the main contributors to the nation's financial system. For decades, the housing market has been such an integral part of the economy. Unfortunately, in the beginning of the twenty-first century lax regulatory oversight led the nation to an economic collapse. Indeed, federal, state and local governments have become heavily involved in solving the downward spiral in the economy. This research focuses on the mortgage crisis in order to show how Real Estate law can in fact, restore the economy when the government has a balance between regulations and market discipline. The intent of this thesis was to study the occurrence of the mortgage crisis, the regulatory authorities and the legal effects of the housing market. Through the analysis of case law and statutes, data, previous recessions, and economic indicators, this thesis examines the key factors in our legal system that should drive reform in our economy. Results suggested that greater efforts to a regulatory structure generate a secure financial system. Thus, the purpose of this thesis is not only to solve our current mortgage crisis but also to mitigate or prevent future crises.
B.A. and B.S.
Bachelors
Health and Public Affairs
Legal Studies

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Habibzadeh, Taher. "Developing and modernizing Iranian law in the context of electronic contracts by a comparative study of UNCITRAL rules, English law, American law, EU law and Iranian law." Thesis, University of Manchester, 2014. https://www.research.manchester.ac.uk/portal/en/theses/developing-and-modernizing-iranian-law-in-the-context-of-electronic-contractsbya-comparative-study-of-uncitral-rules-english-law-american-law-eu-law-and-iranian-law(004e86e1-83a6-42f0-9e6b-d3f6270696ad).html.

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In the modern world, electronic communications play a significant role in national and international electronic transactions. This issue has forced all legal systems to face up to many emerging legal problems in the context of electronic communications, such as the time and the place of formation of electronic contracts, the validation of e-contracts made by the interaction with e-agents, the legal validity of electronic documents and signatures, consumer protection in contracting electronically in particular in cross-border e-transactions, and the Internet jurisdiction and choice of law. One issue to determine is the place of formation of contracts when contracting electronically, either through email, websites or chat-rooms to see how the notion of 'place' is perceivable in cyberspace; and the way of application of the four traditional theories of information, dispatch, receipt and awareness relating to the time and place of conclusion of contracts in contracting by electronic means should be examined. Regarding the legal validity of e-contracts made through interactive websites, the legal status of electronic agents which play an important role in this process is questionable to see whether they are akin to real agents in the physical world or they are only a mere tool of communication. The responsible person for any mistakes that an electronic agent makes and causes losses or damages to the contracting parties should also be examined. There are also questions regarding meeting the formalities in the formation of some specific contracts in contracting electronically to see whether the electronic documents and signatures legally valid and admissible at the courts of law or not. Their legal weight should also be measured. Moving on the jurisdiction and choice of law issue, some argumentative questions raise. For instance, where the rule of private international law provides that the competent court is the court within which jurisdiction the contract is performed, it is necessary to see that where the place of performance of the contract in which the subject matter is digital goods such as e-books or computer software delivered online is. This is also an important question in providing electronic services such as e-teaching. Regarding the choice of law issue the same questions of jurisdiction are posed. Furthermore, as consumer protection issue in B2C contracts is important in developing electronic commerce worldwide, it should be considered that whether the consumer party is able to bring an action against the business party in his own place of domicile or habitual residence or not. These are only a sample of questions that the current research tries to analyse based on the traditional legal rules and principles and the statues on electronic commerce. Discussing the above legal doubts in the context of Iranian law shows that there are a number of legal uncertainties in the Iranian legal system hindering, or at least putting in doubt, the development of electronic commerce in both national and cross-border electronic transactions. Despite the fact that some of them have been addressed by the Iranian Electronic Commerce Act 2004 indirectly, however a detailed legal work is still definitely needed to elaborate the questions and provide solutions developing and modernizing Iranian law in the context of electronic contracts. The author in the current research tries to analyse the questions by a horizontal comparative study of the UNCITRAL Model Laws, the Convention on the Use of Electronic Communications in International Contracts 2005, the EU law, English law, American law and Iranian law. Also, a four-stage roadmap that acts as the guiding principle of this research is employed to develop the Iranian legal system in the context of e-commerce. The first stage focuses on whether the exact application of Iranian traditional law can address the emerging legal doubts; the second stage expands and develops traditional rules; the third introduces legal presumptions; and the fourth theorizes new rules. The research concludes that the Iranian legal system may be modernized and developed in the context of electronic contracts by adopting the legal policy and solutions of other legal systems by both scholarly legal doctrines and legislation.

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Riering, Wolfgang W. "Environmental obligations and bankruptcy in US-American law." Thesis, McGill University, 1992. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=67532.

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This work has tried to illustrate the clash between environmental obligations and bankruptcy law, between a strict liability and the possibility for a fresh start. The U.S. law has had a great opportunity to deal with this conflict but all the problems which have arised have not yet been solved. It will take decades a clear conceptualistic structure in this area of law to emerge.
This thesis has suggested some ideas about how to treat these problems and may provide European lawyer with a view of the problems which will arise after the reception of CERCLA as a environmental protection law. Finally, it may help the legislator to avoid some of the American problems. My intention and the purpose of this work was not to solve a political conflict and to look at the lege ferenda. These questions should be determined by the legislator and it will be of great juridical assistance if this question is solved before enacting CERCLA.

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Cassidy, Patrick. "Catholic Natural Law Conservatism in Post-War America." Thesis, Boston College, 2010. http://hdl.handle.net/2345/1209.

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Thesis advisor: Ken Kersch
This thesis examines the tradition of Catholic natural law conservatism in contemporary American politics. Using the works of Clarence Manion and Robert P. George, it identifies two distinct strands of natural law political philosophy. The analysis concludes with an attempt to reconcile these interpretations with the hope of providing a viable framework for the natural law in modern America
Thesis (BA) — Boston College, 2010
Submitted to: Boston College. College of Arts and Sciences
Discipline: Political Science Honors Program
Discipline: Political Science

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Barona, Alfredo. "Soft law in practice - assessing technology pools according to American and European antitrust law." Baden-Baden Nomos, 2005. http://d-nb.info/98605495X/04.

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Cooney, Patrick M. "Religious obedience in universal law and the proper law of the Swiss-American Benedictine Congregation." Theological Research Exchange Network (TREN), 2007. http://www.tren.com/search.cfm?p029-0705.

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Knoche, Thomas. ""Battle of forms" in German and US : American law." Thesis, McGill University, 1987. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=64020.

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Nijsten, Machteld. "Abortion and constitutional law : a comparative European-American study /." Florence : European university institute, 1990. http://catalogue.bnf.fr/ark:/12148/cb35732666z.

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Caffera, Gerardo. "Anglo-American legal ideas in the formation of South American private law, 1820-1870." Thesis, University of Oxford, 2017. https://ora.ox.ac.uk/objects/uuid:a2ba6e12-3a93-4df6-bfc1-5312867a5c88.

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It is traditionally understood that, following the emancipation of South America from Spain and Portugal, the national private law usually encompassed by the Civil Codes of the newly independent countries was inspired by the French Civil Code, and other civil law models. The aim of this thesis is to explore whether this understanding should be revised in order to account for the influence of Anglo-American law and legal ideas. The thesis proceeds, first, to provide the context for the research: the channels of communication, the actors involved, and the different types of use of Anglo-American legal ideas during the formative period of South-American private law. Then, the three main areas of legislative use and influence of Anglo-American law and legal ideas detected are explored. First, the reform of intestate succession, which was a case of direct, and overt Anglo-American influence. Second, the use of Benthamâs ideas in the abolition of usury laws and laesio, which was a case of direct and conscious, but unacknowledged influence. Finally, the indirect influence of Blackstoneâs works on the drafting of the rules of statutory interpretation on some South-American Civil Codes. Four conclusions, which contradict the traditional account, are drawn. First, that in the process of creation of South-American private law, not only civil law sources of inspiration were used, but also Anglo-American ones, to a much lesser extent, but with a relevant impact nevertheless. Second, that while the process of formation of South-American private law has been described as a creative one by many legal historians, the influence of Anglo-American ideas in the development of the identity of South-American private law has been ignored. Third, that Anglo-American influence gave South-American private law its own identity, making it more liberal than French law in the three fields mentioned above. Fourth, that even in the face of evidence, academic adherence to the traditional view has resulted in an extraordinary relegation of the topic of this thesis.

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McVicar, Michael Joseph. "Reconstructing America: Religion, American Conservatism, and the Political Theology of Rousas John Rushdoony." The Ohio State University, 2010. http://rave.ohiolink.edu/etdc/view?acc_num=osu1284987530.

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Chisholm, Neil. "America law in Korea : a study of legal diffusion." Thesis, University of Oxford, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.547732.

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Buehner, Henry Nicholas. "Mansfieldism: Law and Politics in Anglo-America, 1700-1865." Diss., Temple University Libraries, 2014. http://cdm16002.contentdm.oclc.org/cdm/ref/collection/p245801coll10/id/258169.

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History
Ph.D.
Lord Mansfield is typically remembered for his influence in common law and commercial law, and his decision in Somerset v. Stewart , which granted a slave, brought to England, habeas corpus to refuse his forced transportation out of that nation by his master. Both conditions allowed observers to praise him for what they viewed as very modern notions about economy and society (capitalism and anti-slavery, respectively). Mansfield's primary position as Chief Justice of King's Bench in England, which contributed most of the only published material from him, shielded him from any scrutiny about his wider influence in general British governance in the period of his public career, roughly 1740-1790. Throughout his career, Mansfield played a large role in the general government of the British Empire. Beginning with his role as Solicitor General in 1742 and continuing after he became Chief Justice in 1756, Mansfield interacted and advised the highest members of the British ruling elite, including the monarch. Because the nature of British governance in the 18th Century was very porous, Mansfield partook in the exercise of legislative (through his seats in the House and Commons and Lords), executive (through a formal seat on the Privy Council and later in the King's Closet), and judicial (through his roles as Solicitor and Attorney General, Chief Justice of King's Bench, and temporary positions as Lord Chancellor) power practically simultaneously throughout his career. In these capacities, Mansfield contributed to imperial policy at a critical moment. He was a champion for the British Empire as the beacon of the most perfect society at that time - a perspective he developed through his education and experiences during the crucial formative years of the British nation. He channeled his support for Britain into a seemingly rigid dogma that saw any threat or challenge to British authority or culture as inherently illegitimate. In this regard, Mansfield favored British domination over the other imperial powers, and he immediately rejected the earliest complaints of the Americans over British rule. Because of the nature of his position within British governance, Mansfield's view remained constant in a government that witnessed continual turnover. The potential of Mansfield's influence was not lost upon the public. Many factions from "true Whigs" such as John Wilkes, and American patriots viewed him as the epitome of the problem with the British government-its seemingly arbitrary, unconstitutional, and tyrannical posture toward everything. Mansfield posed a particular challenge for these groups because he was a Chief Justice, and they believed he was supposed to adhere to a strong notion of justice. Instead, they saw him continually leading their repression, and so they questioned the basis of the whole British system. Through pamphlets, newspapers, and visual prints, these groups identified Mansfield as a key conspirator, which they attributed to an anti-British disposition. In these ways, Mansfield and his opponents squared off over the definition of true Britishness internally and imperially. When these opponents gathered enough strength (Londoners during the Gordon Riots, and Americans with their War of Independence), they aimed to pull down Mansfield and his comrades for their violations. The former failed to overthrow society, but they arguably hastened a change in government. The latter succeeded in their movement to exit the Empire. The Revolution was not a total transformation for the Americans, however. They struggled to define their new nation and America had similar imperial aspirations. In this environment, Mansfield was the quintessential symbol of early national "leaders" bipolar attitudes towards Britain. Some leaders such as John Adams embraced their British heritage, and used Mansfield as a model to develop a strong, centralized, commercial nation. Other leaders such as Thomas Jefferson saw Mansfield as the chief villain to the idea of America. Jefferson coined the phrase "Mansfieldism" which he identified as a caustic relationship between law and government that favored the development of political and legal elitism that challenged the interests and participation of common citizens. Jefferson viewed Mansfield as the essential symbol of the American anti-revolution. These first-generation independent Americans both remembered Mansfield for his direct participation in the imperial crisis, but for Adams and his fellow Federalists, they had to initiate redemption for Mansfield to justify their program to create America. The redemption was successful. American institutions used Mansfield to fine-tune the balance between their British heritage and uniquely American outlook. As successive generations of Americans emerged into the political sphere, they remembered his seemingly progressive positions on law and society as presented through his court decisions over his actual participation against their independence. Especially through a selective reading of his decision in Somerset, Mansfield became the legal prophet for abolitionist nationalism. His decision arguably provided a legal precedent against the institution of slavery, but it more importantly transformed into the moral imperative of the movement. In this manner, Mansfield became fully redeemed among Americans.
Temple University--Theses

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Solis, Gary Dean. "American military justice and the law of war : a case study of military law in Vietnam." Thesis, London School of Economics and Political Science (University of London), 1992. http://etheses.lse.ac.uk/1322/.

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During the Vietnam War, in Son Thang hamlet, a five-man American patrol murdered sixteen Vietnamese noncombatant women and children. The crime was discovered and the five apprehended. International treaties define much of the law of war. That law requires apprehension and trial of those committing "grave breaches." The manner of their prosecution is undefined. The research question, resolved through examination of the Son Thang incident and its subsequent prosecutions, is whether the United States, through its military justice system, meets its obligations under customary law of war. The study is unique in illustrating the law of war from treaty, to application, through appeal. Also examined are jurisdictional bases, the vitality of the defense of obedience to orders, and whether a good faith effort was made to prosecute the suspects - and whether good faith translated into effective prosecutions. The case offers a unique opportunity to observe U.S. military criminal process. A grave breach was committed at Son Thang, although the victims' status, citizens of a co-belligerent, placed even that in issue. But prosecution clearly was required. Before those prosecutions are detailed, the sources and history of law of war are noted, their translation into military law traced. Application of the law of war at Nuremberg is related, as it is in Vietnam. Employing interviews and trial records, the Son Thang events are described and juxtaposed with aspects of today's law of war and U.S. military law embodied in the Uniform Code of Military Justice. In assessing that Code's effectiveness, its procedural aspects are briefly compared with civilian models. Appellate resolutions of the Son Thang cases are discussed, their results compared to similar prosecutions and sentences. Finally, recommendations are offered to improve prosecution of war crime cases in future wars and to enhance compliance with the laws of war.

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Schoenbaum, Thomas J. "Key divergences in the law of marine insurance between English and American law : a comparative study." Thesis, University of Cambridge, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.270852.

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Hunter, Janis A. Cloud Robert C. "Factors influencing African-American students enrollment in Texas law schools." Waco, Tex. : Baylor University, 2006. http://hdl.handle.net/2104/5007.

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DeVuono, Adrian. "Before the law: rethinking censorship in late modernist American fiction." Thesis, McGill University, 2011. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=104831.

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This study examines Djuna Barnes' Nightwood, Henry Miller's Tropic of Cancer, and William S. Burroughs' Naked Lunch within the contextual framework of censorship. In particular, the three texts are studied as providing unique challenges to the way that obscenity has been determined and governed by the trials that defined the modernist period in America. Therefore, the objective of this study is twofold: to investigate the complex, multidirectional and productive mechanisms of censorship; to recuperate the transgressive potential in the obscenity of Barnes, Miller and Burroughs from the afterlife of the legalized text. Situating these texts in the concept of E.S. Burt's "reading pact" – a sociohistoric contract of rules and regulations that governs the way a text is to be received within a given culture – reveals a intricate relationship between aesthetic form and the interconnected methods through which power and knowledge are secured. Within this interpretive scheme, I explore how obscenity ("the unspeakable") operates as a serious violation of the contract, one that works to widen the field of legitimate discourse ("The speakable"). In the first chapter, the "non case" of Barnes' Nightwood is proposed to be a result of the T.S. Eliot's intervention, reflecting a strategic effort to disguise Barnes' obscenity under the legitimating veil forged by Judge Woolsey's verdict in the 1933 Ulysses trial. The second chapter features an analysis of the epistolary origins of Tropic of Cancer and argues that the letter provides Miller with both a material base to dismantle the constraints of 'the well-made work of art' and a space to write the sexual body back into Woolsey's "l'homme moyen sensuel." Finally, an exploration of the monstrous unspeakability of Naked Lunch illustrates how Burroughs employs the figure of the double agent to deconstruct the allegorical method at the foundation of the legal codes that authorize literature under pre-fabricated moral precepts and bring about the end of censorship.
Cette étude examine «Nightwood» par Djuna Barnes, «Tropic of Cancer» par Henry Miller, et «Naked Lunch» par William S. Burroughs dans le cadre contextuel de la censure. En particulier, les trois textes sont étudiées en fournissant des défis uniques pour le moyen que l'obscénité a été déterminée et régie par les essais qui ont défini la période moderniste en Amérique. Par conséquent, l'objectif de cette étude est double: d'enquêter les mécanismes complexes, productifs et multidirectionnelle de la censure; de récupérer le potentiel transgressif de l'obscénité de Barnes, Miller, et Burroughs de la vie après la mort légalisée de texte. Situer ces textes dans le concept « pacte de lecture » de E.S. Burt, un contrat socio-historiques de règles et de règlements qui régissent la façon dont la littérature est reçu dans une culture donnée, révèle la relation embrouillé entre la forme esthétique et les méthodes par lesquelles le pouvoir et la connaissance sont fixé. Dans ce cadre, j'explore la façon dont l'obscénité («non dicible») est une violation grave du contrat, qui élargisse le domaine de ce qui peut être inclus dans le domaine du discours légitime («dicible»). Dans le premier chapitre, le «non case» de «Nightwood» de Barnes est proposé d'être à la suite de l'intervention de TS Eliot qui reflète un essai stratégique pour cacher l'obscénité de Barnes sous le voile de légitimation du juge Woolsey's verdict dans le procès historique 1933 Ulysse. Le deuxième chapitre analyse les origines épistolaire du «Tropic of Cancer» et suggère que la lettre fournit Miller avec un matériau de base pour lutter contre les contraintes du «grand art» et un espace pour écrire le corps sexuelle de «l'homme moyen sensuel» de Woolsey dans la littérature. Enfin, une exploration de la indicible monstrueux de «Naked Lunch» illustre comment Burroughs emploie l'agent-double de déconstruire la méthode allégorique à la base des codes juridiques qui a autorisé le roman et aider à amener la fin du contrôle de la censure.

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Martin, Sarah Jane. "Histories of law and space in contemporary Native American writing." Thesis, Goldsmiths College (University of London), 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.404805.

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Porwancher, Andrew. "American legal thought and the law of evidence, 1904-1940." Thesis, University of Cambridge, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.609802.

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Geiser, Madeline Allott. "The Limits of Law in the American Reproductive Freedom Movement." Ohio University Honors Tutorial College / OhioLINK, 2020. http://rave.ohiolink.edu/etdc/view?acc_num=ouhonors1587700422115124.

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30

Hunter, Janis A. "Factors influencing African-American students enrollment in Texas law schools." Connect to this title, 2006. http://hdl.handle.net/2104/5007.

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31

Souty, Vincent. "La constitutionnalisation des pouvoirs de crise : essai de droit comparé." Thesis, Sorbonne Paris Cité, 2015. http://www.theses.fr/2015USPCA042.

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L’analyse de l’évolution des normes juridiques relatives aux pouvoirs de crise, principalement depuis le milieu du XXe siècle, permet de mettre en lumière le profond renouvellement de la matière du point de vue du droit international et des droits internes des États. Il existe un processus dynamique entre les deux sphères : l’expérience des États contribue aux développements du droit international qui lui-même nourrit l’évolution du droit interne. Ce processus dynamique est guidé par l’émergence du concept de l’État de droit et par la nécessité pour les États de garantir le respect des droits et libertés des individus. Il engendre la création d’un régime juridique international de l’état d’exception, c’est-à-dire la mise en place d’un ensemble cohérent de règles relatives aux pouvoirs de crise. Ce régime vise à faire de l’état d’exception une institution de l’État de droit, au même titre que la séparation des pouvoirs ou que l’existence de recours juridictionnels visant à protéger le principe de juridicité. Au niveau interne, la grande majorité des États, du moins ceux soumis à la juridiction de la Cour interaméricaine ou à celle de la Cour européenne qui sont l’objet de cette étude comparée, retiennent l’idée d’institutionnalisation des pouvoirs de crise. Les constituants prennent en compte les évolutions internationales en la matière et développent de nombreux mécanismes visant à inscrire l’état d’exception dans les principes de l’État de droit. Il en ressort un travail d’ingénierie constitutionnelle qui s’attelle à encadrer les pouvoirs de crise de manière minutieuse, en espérant ainsi garantir l’existence de ces pouvoirs, dans l’assurance que ceux-ci ne serviront pas à des fins détournées
Analysis of the evolution of norms relating to emergency powers, essentially beginning in the mid-twentieth century, is an excellent way of highlighting the far reaching renewal in this particular area both in terms of international law and in terms of internal law within individual States. A dynamic relationship can be observed between these two spheres in that the experiences of individual States contribute to the development of international law which in turn leads to an evolution of internal law. The emergence of the concept of the rule of law and the need for States to ensure respect for individual rights and freedom serve as guidelines for this dynamic process. Thus is born an international legal regime governing emergency powers, the establishment of a coherent set of rules concerning powers available at times of crisis. The objective of such a regime is to make emergency powers an essential part of the rule of law, much like the separation of powers or the existence of judicial remedies. With regard to domestic law, the majority of States, or at least those under the jurisdiction of the Inter-American and European Courts of Human Rights which constitute the body of this comparative study, retain the notion of institutionalization of emergency powers. Constitution making takes account of international developments in this particular field, putting in place and developing a variety of mechanisms with the aim of establishing emergency powers within the principle of the rule of law. The result is a work of constitutional engineering aimed at meticulously framing emergency powers, thereby guaranteeing the existence of these powers but also ensuring that they are not used for nefarious purposes
El análisis de la evolución de las normas jurídicas relativas a los poderes de crisis, principalmente a partirde la segunda mitad del siglo XX, permite poner de manifiesto la profunda renovación de la materia, tantodel punto de vista del derecho internacional como del derecho interno de los Estados. Existe un procesodinámico entre las dos esferas : la experiencia de los Estados contribuye al desarrollo del derechointernacional que, a su vez, participa en la evolución del derecho interno. Este proceso dinámico, guiadotanto por la emergencia del concepto de Estado de Derecho como por la necesidad de los Estados degarantizar el respeto de los derechos y libertades de los individuos, engendra la creación de un régimenjurídico internacional del estado de excepción, es decir un conjunto coherente de reglas relativas a lospoderes de crisis. Este régimen se destina a hacer del estado de excepción una institución del Estado deDerecho, al mismo nivel que la separación de poderes o que los recursos juridiccionales destinados aproteger el principio de juridicidad. A nivel interno, al menos la mayoría de los Estados que se someten ala jurisdicción de la Corte Interamericana ou a la del Tribunal Europeo, que son el objeto de este estudiocomparado, acatan la idea de institucionalización de los poderes de crisis. Los constituyentes toman encuenta las evoluciones internacionales en la materia y desarrollan numerosos mecanismos destinados ainscribir el estado de excepción en los principios del Estado de Derecho. El resultado es un trabajo deingeniería constitucional que circunscribe los poderes de crisis minuciosamente, esperando garantizar deesta manera la existencia de estos poderes asI como la limitación de los abusos

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De, La Torre Krista. "Social Movements and Environmental Law: A Case Study of Politically Disenfranchised Communities in Ecuador and Argentina." Scholarship @ Claremont, 2018. http://scholarship.claremont.edu/cmc_theses/1849.

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Despite their progressive on-the-books environmental legislation, Ecuador and Argentina have hosted increasing amounts of extraction projections in their borders over the last few decades. Beyond increased environmental degradation, the expansion of extraction economies in these countries has drove mass scale social movements orchestrated by disenfranchised peoples. This thesis investigates the link between social movements and environmental law reformation, and whether such social movements are able to strengthen the national legal and institutional framework for environmental management. To evaluate this inquiry, this thesis explores socials movements in Ecuador in the late twentieth century and in Argentina in the early twenty first century.

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Golub, Mark Allan. ""In the eye of the law" : racial grammar and the politics of identity in American constitutional law /." Diss., Connect to a 24 p. preview or request complete full text in PDF format. Access restricted to UC IP addresses, 2006. http://wwwlib.umi.com/cr/ucsd/fullcit?p3244173.

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Wells, Emmett G. "A comparative study of the right of defense in canonical penal law and in American criminal law." Online full text .pdf document, available to Fuller patrons only, 2001. http://www.tren.com.

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Hauer, Kathryn Bruzas. "The Paradox between "Self-Sovereignty" and "Universal Law" in "The Octopus"." W&M ScholarWorks, 1985. https://scholarworks.wm.edu/etd/1539625309.

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Mendoza, Jose Miguel. "Transitional strategies for institutional reform in Latin America." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:0f328cba-8a44-4775-889f-ff12a13b8148.

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This dissertation seeks to improve the current understanding of the ways in which institutional reform can promote the development of stock markets in Latin America. Over the past decade, policymakers sought to stimulate the growth of capital markets in the region through the promotion of a standardized set of formal institutions. An example of this approach in the field of company law was the introduction of modern corporate governance practices into nations without a solid enforcement infrastructure. By most accounts, these efforts did not deliver on their promise of stock market development. This work identifies areas for potential reform. As a means to better understand the operation of Latin American stock markets, this dissertation draws from different sources, including the historical experience of industrialized nations, the available literature on institutional reform, the documented shortcomings of legal reform programmes and hand-collected data from various Latin American countries. The resulting analysis suggests that the promotion of Latin American capital markets may require strategies different to those that were set in motion over the past decade. The main contribution of this work is twofold. First, this dissertation brings some nuance to the discussions concerning the challenges faced by Latin American capital markets. A proper understanding of these challenges is essential for policymakers in the region, particularly after the onset of the Latin American Integrated Market. Second, this dissertation explores the use of ‘transitional strategies’ to overcome some of the challenges identified here. The ultimate goal of this project is to inform future reform efforts in Latin America and to offer some insights for policymakers in other emerging countries.

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Ma, Fang Fang. "A comparative analysis of minority shareholders' remedies in Anglo-American law and Chinese law : lessons to be learnt." Thesis, University of the West of England, Bristol, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.501094.

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The background to this thesis is the most recent and significant company law reforms in England and China, particularly those concerned with minority shareholders' remedies. The implementation of the Companies Act 2006 in England and the Chinese Company Law 2005 makes this comparative research interesting and challenging. At this time, it is especially worthwhile because of England's already sophisticated level of economic development and the current rapid rise of China as a leading economic power with enormous potential. The thesis examines the deficiencies of current laws on minority shareholders' remedies in both England and China, in particular shareholders' personal actions. derivative actions and the unfair prejudice remedies. It proposes for each jurisdiction further reforms which could be carried out to achieve a proper balance between the protection of minority shareholder interests and those of their companies. The latter often suffer from undue interference from litigious activities of the former. By way of comparison, it shows that England and China can learn from each other with regard to future law reforms concerned with minority shareholders' remedies whilst taking into account their different constitutional, political, socio-economic, legal and cultural backgrounds.

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Mahmoud, Mahmoud Ahmed Abdul. "The role of commercial law in protecting consumers : a comparative study between Kuwaiti, British, French and American law." Thesis, University of Exeter, 1994. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.240137.

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Short, Nicholas J. D. University of California Berkeley. "The political economy of the research exemption in American patent law." Thesis, Massachusetts Institute of Technology, 2016. http://hdl.handle.net/1721.1/104814.

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Thesis: S.M. in Technology and Policy, Massachusetts Institute of Technology, School of Engineering, Institute for Data, Systems, and Society, Technology and Policy Program, 2016.
This electronic version was submitted by the student author. The certified thesis is available in the Institute Archives and Special Collections.
Cataloged from student-submitted PDF version of thesis.
Includes bibliographical references.
One of the most important questions in innovation policy today is whether the acts of making and using a patented invention for research purposes should be exempt from infringement liability, also known as the research exemption. Most of the legal scholarship about the research exemption has focused on normative questions like whether the law should have an exemption and what form it should take. Few if any articles have approached the research exemption as a case study in the political economy of American patent law. This article analyzes the legal and political history of the research exemption from 1970 to the present in order to illustrate and expand upon existing theories about the political economy of American patent law. The history was constructed by first using law review commentary to identify all major instances when the research exemption became a prominent issue in a judicial, legislative, or executive forum, and then analyzing primary sources from those debates to identify the individuals and institutions that participated and the arguments they made. One major conclusion is that faulty economic ideology has played a significant role in shaping policy towards the research exemption, and that the Court of Appeals Federal Circuit--the standard bearer for that ideology--has exhibited a strong institutional bias against the research exemption. Together, these forces have created an excessively complex policy environment that is placing a significant strain on the national research system, a strain that executive agencies and the courts have tried to alleviate through ad hoc agreements and modifications of other patent doctrines, like the doctrine of subject matter eligibility.
by Nicholas Short.
S.M. in Technology and Policy

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Marshall, Courtney Denine. "Sisters in crime black femininity, law, and literature in American culture /." Diss., Restricted to subscribing institutions, 2009. http://proquest.umi.com/pqdweb?did=1971758521&sid=1&Fmt=2&clientId=1564&RQT=309&VName=PQD.

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Stephens, Otis H. Jr, John M. II Scheb, and Colin Glennon. "American Constitutional Law, Volume I and II: Civil Rights and Liberties." Digital Commons @ East Tennessee State University, 2015. http://amzn.com/1285736923.

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AMERICAN CONSTITUTIONAL LAW, Volumes I and II, combines cases, decisions, and authorial commentary to maximize your learning and understanding in this course. These comprehensive volumes cover the entire range of topics in constitutional law. Volume I examines the institutional aspects of constitutional law; Volume II deals with civil rights and liberties. Each of the chapters includes an introductory essay providing the legal, historical, political, and cultural context of Supreme Court jurisprudence in a particular area of constitutional interpretation. Each chapter also contains several boxed features (labeled "Case in Point" and "Sidebar") to provide additional perspective and context for the set of edited decisions from the United States Supreme Court cases that follow. In selecting, editing, and updating the materials, the authors emphasize recent trends in major areas of constitutional interpretation, as well as many landmark decisions, some of which retain importance as precedents while others illustrate the transient nature of constitutional interpretation. Because the book provides a good balance of decisions and authorial commentary, this text appeals to instructors of law as well as instructors of political science.
https://dc.etsu.edu/etsu_books/1021/thumbnail.jpg

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Bayley, Bruce K. "Fear of Crime and Perceptions of Law Enforcement Among American Youth." DigitalCommons@USU, 2002. https://digitalcommons.usu.edu/etd/2743.

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Fear of crime and the public's satisfaction with police has been a focus of criminologists for a number of years. Most studies, however, have focused on the general population as a whole. What is not known is how fearful American youth are of the crime in their neighborhoods and how they perceive those in law enforcement. The purpose of this study was to explore this subgroup of the population and to begin the investigation of youths' fear of crime and their perceptions of law enforcement. Using a national sample of 1,897 youth ages 16-25 collected from 12 cities throughout the United States, data were analyzed to explore the strength of demographic and community variables as they related to youths' fear of crime and perceptions of law enforcement. Results for fear of crime indicate that in general, American youth are not very fearful of crime in their neighborhoods. Older youth (18-25) tended to be more fearful than younger youth (16-17), females were more fearful than males, married youth were more fearful than non-married youth, youth living in the Northeast census region were the most fearful of the four census regions, and all non-White youth were more fearful of crime when compared to Whites. Youths' overall satisfaction with police indicated that in general, American youth were satisfied with police in their neighborhoods, with White youth and those youth with some college education being most satisfied with police. When addressing the variance explained by demographic and community variables, youths' perceptions regarding their quality of life accounted for the most variance in both fear of crime and satisfaction with police. The strength of this predictor variable was so strong in fact, that other demographic and community variables were negligible by comparison.

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Seay, Stephen Heywood. "The transformation of the American Constitution." CSUSB ScholarWorks, 1990. https://scholarworks.lib.csusb.edu/etd-project/576.

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Fields, Jinelle. "From Martial Law to Boba: What Is It to be Taiwanese American?" Scholarship @ Claremont, 2015. http://scholarship.claremont.edu/scripps_theses/668.

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This work looks at the way the Taiwanese American college student's identities are complicated and compounded by the intertwined histories of China and Taiwan. It looks at the historical account of Chinese and Taiwanese history through the understanding of genealogical history. It also analyzes the importance of narrated family accounts and lived experiences of Taiwanese-ness. Lastly, it looks at the development of Taiwanese identity as it is strengthened or weakened through religion, politics, and language.

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Gallagher-Mackay, Kelly. "Rule of law and Aboriginal government, the case of Nunavut." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ56175.pdf.

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Bolan, Christopher J. "Risk in American foreign military interventions." Connect to Electronic Thesis (CONTENTdm), 2009. http://worldcat.org/oclc/453941483/viewonline.

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47

Wasim, Fatima. "South Aasian American daughter-in-law/ mother-in-law relationships, cultural values conflict, and help-seeking for domestic violence." Thesis, Oklahoma State University, 2014. http://pqdtopen.proquest.com/#viewpdf?dispub=3641446.

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The South Asian American population growth rate is high, however, there is little research regarding their mental health concerns and low utilization of services. One of the most understudied and complex issues is the interpersonal relationships of South Asian women, specifically the relationship between a daughter-in-law and mother-in-law. This study is a first to examine the relationship between a South Asian daughter-in-law and mother-in-law living in the US through a combination of feminist and relational-cultural perspectives. Also investigated are the help-seeking sources daughter-in-laws use for personal/emotional and domestic violence concerns. Participants in this web-based, descriptive study were 155 married (or previously married) South Asian American women (ages 18-69), who had a mother-in-law. Most identified as Muslims or Hindus. T-tests, correlations, and standard multiple regression analyses were used to examine the relationship between the daughter-in-laws' perceptions of their relationship with their mother-in-laws, cultural values, and formal and informal help-seeking for personal/emotional and domestic violence issues. Instruments used were adapted to be culturally sensitive. Thirty-five percent of the participants reported psychological abuse and 23% reported emotional abuse by their mother-in-laws. All identified caring and controlling aspects of their relationship with their mother-in-law. Most of the women did not meet full criteria for partner violence, however the daughter-in-law/mother-in-law relationship differed between the women who were abused by their partner and those who were not. Perceived care and control from mother-in-law was related to daughter-in-law's sex role expectations, partner violence, and help-seeking. Daughter-in-law's help-seeking sources differed depending on the type of problem; as with previous studies and cultural expectations most identified informal help-seeking sources. Higher care from mother-in-law predicted lower help-seeking intentions from mother-in-law for personal issues and domestic violence. Sex role expectations and partner violence predicted help-seeking from minister for personal issues. Intimate relations and partner violence predicted higher likelihood of help-seeking from minister for domestic violence. To promote interpersonal health among South Asian American women, it is necessary to explore and comprehend the nature of in-law relationships and study both positive and the negative in-law relationships. Implications of these findings for women's personal relationships, for clinical work and future research needs are discussed.

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Mayer, Peter W. "Extra-legal factors in the American legal system." Oberlin College Honors Theses / OhioLINK, 1986. http://rave.ohiolink.edu/etdc/view?acc_num=oberlin1316113331.

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Klipic, Irma. "Government Responses to Femicides in Latin America : A comparative case study of five Latin American countries." Thesis, Linnéuniversitetet, Institutionen för samhällsstudier (SS), 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-77690.

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Worldwide, women face gender-based violence daily. Gender-based violence constitutes a growing problem in societies worldwide, and one in three women globally has experienced some sort of intimate partner violence, which is the most common form of gender-based violence. Femicides are the worst form of gender-based violence with a fatal outcome, and an issue of human rights, developmental issue, health issue, and societal issue. Latin America is the regions with one of the highest femicide rates in the world, and that is one reason for why the regions was chosen. There is a wide range of research done on the subject of femicides, however there is a scarcity on the subject of Latin American government responses and legislations, and how these impact the femicide rates in the region. This thesis will examine how government responses affect femicide rates in five selected countries; Costa Rica, Chile, Argentina, Brazil, and Mexico. The study will be a qualitative comparative multi-case desk study analyzed through an abductive approach. The theory applied will be the social inclusion and exclusion theory to understand if policies are inclusive or exclusive, and if the nature of the legislations have an impact on the femicide rates. The main underlying causes of femicides are impunity, lack of political will, funding, and the machismo culture. The analysis suggests that the current femicide legislations are not of appropriate nature to curb femicides as they do not tackle the underlying causes of it.

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Cummins, Evan Davis. "An Analysis of the Present State of Sino-American Mergers and Acquisitions and Their Reasons for Success and Failure." The Ohio State University, 2011. http://rave.ohiolink.edu/etdc/view?acc_num=osu1306868453.

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Dissertations / Theses on the topic 'Americas - law'

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