Dissertations / Theses on the topic 'Reproductive rights – United States'
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1
Yelverton, Brittany. "The representation of women's reproductive rights in the American feminist blogosphere: an analysis of the debate around women's reproductive rights and abortion legislation in response to the reformation of the United States health care system in 2009/10." Thesis, Rhodes University, 2010. http://hdl.handle.net/10962/d1002949.
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This study investigates the representation of women's reproductive rights in the feminist blogopshere during 2009/10 United States health care reform. Focusing on two purposively selected feminist blogsites - Feministing and Jezebel- it critically examines the discursive and rhetorical strategies employed by feminist bloggers to contest the erosion of women's reproductive rights as proposed in health care reform legislation. While the reformation of the U.S. health care system was a lengthy process, my analysis is confined to feminist blog posts published in November 2009, December 2009 and March 2010. These three months have been designated as they are roughly representative of three pivotal stages in health care reform: the drafting of the House of Representatives health care reform bill and Stupak Amendment in November 2009, the creation of the Senate health care bill inclusive of the Nelson compromise in December 2009, and the passage of the finalised health care reform bill, the Patient Protection and Affordable Care Act and supplementary executive order, in March 2010. This study is informed by feminist poststructuralist theory and Foucault's conceptions of discourse and power - an appropriate framework for identifying and analysing the unequal power relations that exist between men and women in patriarchal societies. Foucault conceives of discourse as both socially constituted and constitutive and contends that through the constitution of knowledge, discourses designate acceptable ways of talking, writing, and behaving, while simultaneously restricting and prohibiting alternatives, thereby granting power and authority to specific discourses. However, Foucault also stresses the multi-directionality of power and asserts that though hegemonic discourses are privileged over others, power lays in discursive practice at all social sites; hence the socially and politically transformative power of contesting discourses. Critical discourse analysis is informed by this critical theory of language and regards the use of language as a form of social practice located within its specific historical context. Therefore, it is through engaging in the struggle over meaning and producing different 'truths' through the reappropriation of language that the possibility of social change exists. Employing narrative, linguistic and rhetorical analysis, this study identifies the discursive strategies and tactics utilised by feminist bloggers to combat and contest anti-choice health care legislation. The study further seeks to determine how arguments supportive of women's reproductive rights are framed and how feminist discourses are privileged while patriarchal discourse is contested. Drawing on public sphere theory, I argue that the feminist blogosphere constitutes a counter-public which facili tates the articulation and circulation of marginalised and counter-discourses. I conclude this study by examining the feminist blogopshere's role in promoting political change and transformation through alternative representations of women and their reproductive rights.
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Sloan, Tyler E. "The Abortion Burden: Examining Abortion Access, Undue Burden and Supreme Court Rulings in the United States." Oberlin College Honors Theses / OhioLINK, 2017. http://rave.ohiolink.edu/etdc/view?acc_num=oberlin1494418153379172.
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Fair, Alexandra Kathryn. "“THE PEOPLE WHO NEED US READ BETWEEN THE LINES”: THE FACES OF EUGENIC IDEOLOGY IN THE POST-WWII UNITED STATES." Miami University / OhioLINK, 2019. http://rave.ohiolink.edu/etdc/view?acc_num=miami1556874590527973.
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Park, Daniel H. "The Development of United States Property Rights." Thesis, Boston College, 2007. http://hdl.handle.net/2345/498.
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Thesis advisor: Dennis HaleThe right to property is debatably the most fundamental American right, and its breadth and strength is more controversial today than ever before. Thus it is more important than ever to understand that its development was not accidental but has had a long and fascinating history. Such a conception of property was theoretically formed by John Locke, recognized by the Founding Fathers in the U.S. Constitution, and developed through case law. The purpose of this thesis is to show the significance of the idea of private property for America and its citizens, the development and history of that idea through past cases, and the implications of the idea and its development of the future of America
Thesis (BA) — Boston College, 2007
Submitted to: Boston College. College of Arts and Sciences
Discipline: Political Science
Discipline: College Honors Program
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Klepper, Howard. "Liberalism and the rights of children." Diss., The University of Arizona, 1994. http://hdl.handle.net/10150/186639.
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My dissertation examines the rights of children in the context of liberal conceptions of justice. The theoretical aspects of the dissertation concern liberal paternalism, autonomy, and the adequacy of Rawls's argument for the lexical priority of liberty. I apply my theoretical conclusions to practical issues of medical decision making for children, compulsory education, parental and state authority, and the age of majority. I begin with an analysis of paternalism in liberal political theory and its justificatory bases in the concepts of rationality and autonomy. On the basis of empirical studies of children's rationality I draw the preliminary conclusion that the age of majority should be lowered to fourteen years. Next, I consider utilitarian justifications for paternalistic treatment of children. I conclude that utilitarianism leads to an illiberal paternalism that would both maintain the present age of majority and call for expanded compulsory education and compulsory parent training. In light of utilitarian objections to rationality-based paternalism I consider whether the scope of liberal paternalism might be expanded to give greater weight to welfarist concerns. I argue against Rawls's lexical priority of liberty and for a more flexible balancing of liberty against welfare within the conception of justice as fairness. Turning to concrete problems, I analyze recent cases in law involving transplantation of organs between siblings, and argue that the nature of intimate relationships provides a ground for the partial compromise of freedom of the person in the context of family medical needs. However, I contend that adolescents should have authority to make their own medical decisions at age fourteen. I consider the proper scope of parental authority to shape the lives and values of children. I consider the justification and scope of compulsory education and propose a non-compulsory incentive system for continued education after the age of fourteen years. On the basis of my earlier argument for balancing welfare against liberty, I claim that it is permissible and advisable to set a higher age threshold for drinking, driving, marriage, and military service than is set for majority generally.
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Jones, Alfred Renard. "Civil rights initiation and implementation the role of the United States' president 1960-1980 /." Instructions for remote access. Click here to access this electronic resource. Access available to Kutztown University faculty, staff, and students only, 1993. http://www.kutztown.edu/library/services/remote_access.asp.
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Thesis (M.P.A.)--Kutztown University of Pennsylvania, 1993.Source: Masters Abstracts International, Volume: 45-06, page: 2945. Abstract precedes thesis title page as [2] preliminary leaves. Typescript. Includes bibliographical references (leaves 88-91).
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Thalmann, Vanessa. "Prison labour for private corporations : the impact of human rights." Thesis, McGill University, 2004. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=82672.
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In the past two decades, the prison population has increased considerably in many industrialized countries. In the United States, for example, the prison population has more than quadrupled since 1980. As a response to the considerable incarceration costs, the number of private prisons and the number of prisoners working for private corporations have increased significantly. Proponents of private sector involvement in prison industries argue that inmate labour can reduce the incarceration costs and contribute to rehabilitation of prisoners.The question of private sector involvement in prison facilities raises significant concerns as regards to international labour standards. Opponents of private sector involvement argue that private hiring of prison labour can involve exploitation. They also argue that the authority for punishment is a core governmental function that cannot be delegated to the private sector. Furthermore, in most cases, labour and social security laws are not applied to inmates. Therefore, prison labour can constitute unfair competition with free labour or even go as far as to replace free labour.
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Pascale, Meredith Grace. "Determining a legacy John F. Kennedy's civil rights record /." Diss., Online access via UMI:, 2009.
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Tuchovsky, Charleen M. "Galatea's uprising activism in the United States sex workers' rights movement /." Related electronic resource: Current Research at SU : database of SU dissertations, recent titles available full text, 2006. http://proquest.umi.com/login?COPT=REJTPTU0NWQmSU5UPTAmVkVSPTI=&clientId=3739.
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Jürgens, Ralf Erich 1961. "Equality and gay rights in the United States and in Canada." Thesis, McGill University, 1990. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=59933.
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Both in Canada and in the United States the law disadvantages gay men and lesbians.This master's thesis considers whether the guarantee of equality in the U.S. Constitution and in the Canadian Charter of Rights and Freedoms can change this situation.
The first part argues that in theory the Fourteenth Amendment's equal protection clause provides a promising basis for challenges to policies and statutes that discriminate against gays. Nevertheless, these challenges are unlikely to be successful because most U.S. courts fail to see beyond the stereotypes that prevent homosexuals from gaining access to their civil rights.
The second part contends that the approach to constitutional equality taken by the Supreme Court of Canada might be more helpful in eradicating discrimination against gays. Challenges of, e.g., policies excluding homosexuals from the Canadian Forces or the exclusion of same-sex couples from the benefits that heterosexual couples enjoy should be successful.
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Fowles, A. J. "Prisoners' rights in England and the United States : a comparative study." Thesis, University of York, 1985. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.356832.
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Hershberger, Ethan B. "Voting Rights and Party Aggregation in the United States, 1870-1948." The Ohio State University, 2017. http://rave.ohiolink.edu/etdc/view?acc_num=osu1506709556152268.
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Brucken, Rowland M. "A most uncertain crusade : The United States, human rights and The United Nations, 1941-1954 /." The Ohio State University, 1999. http://rave.ohiolink.edu/etdc/view?acc_num=osu1488186329503146.
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Galloway, Alison. "Long term effects of reproductive history on bone mineral content in women." Diss., The University of Arizona, 1988. http://hdl.handle.net/10150/184477.
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Bone loss among the elderly is of increasing concern to the medical community. In a study combining retrospective data on 438 women from southern Arizona and current bone mineral values determined at the one-third distal radius, the effects of premenopausal reproductive events on postmenopausal bone mineral are investigated. Among those women who reach menarche at an early age are some whose growth is not accompanied by normal height and long bone growth. These women tend to exhibit lower bone mineral density postmenopausally. In addition, the early accumulation of weight in excess of height and a later age at menarche appears to result in wider bones still observed postmenopausally. Pregnancy normally is accompanied by an acceleration of calcium accumulation in excess of the fetal demand. However, parity appears to have little significant impact on postmenopausal bone mineral status. However, women pregnant during their teens tend to accumulate a greater amount of bone than women who first become pregnant later. These benefits to the teenage mother can be lost during lactation, an impairment of the skeleton which may continue into the postmenopausal years. The skeleton appears to require a recovery period between pregnancy and lactation cycles. Inadequate recovery time, particularly when accompanied by advanced maternal age, may have adverse effects on postmenopausal bone mineral status.
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Layman, Chelsea K. "Conflictual Foreign Policy of the United States: Between Security and Human Rights." Scholarship @ Claremont, 2012. http://scholarship.claremont.edu/cmc_theses/537.
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The United States prioritizes human rights rhetorically but not in practice. As a result, United States policy is disjointed and conflictual between human rights and security. The result is an inconsistency in foreign policy. There have been examples of this throughout United States history such as in El Salvador, Indonesia, and Bahrain.
This thesis explored the three cases in depth by 1) providing background information and a summary of human rights violations in order to provide context for the analysis, 2) listing and explaining the reasons why the United States prioritized security, and 3) analyzing when human rights are absent and present in policy.
Following the analysis of the case studies the final section sought to provide a recommendation in order to reduce the inconsistencies in United States Foreign Policy. The central recommendation focuses on merging human rights considerations within security driven policies.
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Rainville, Brian Clement. "Walk to Freedom: How a Violent Response to the Civil Rights Protest at Alabama's Pettus Bridge Unwillingly Created the Voting Rights Act of 1965." W&M ScholarWorks, 2009. https://scholarworks.wm.edu/etd/1539626610.
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Juhasz-Nagy, Monika. "The Statue of Liberty is under attack derogation of human rights in the age of terrorism /." Thesis, Available online, Georgia Institute of Technology, 2004:, 2004. http://etd.gatech.edu/theses/available/etd-06072004-131218/unrestricted/juhasz%5Fnagy%5Fmonika%5F200405%5Fms.pdf.
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Probert, Thomas John William. "The politics of human rights in the United States of America and in the United Kingdom, 1963-76." Thesis, University of Cambridge, 2014. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.648500.
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Hammond, Alexandra. "Disparities in Access to Contraception in the United States: an Intersectional Analysis." Scholarship @ Claremont, 2019. https://scholarship.claremont.edu/scripps_theses/1356.
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An extensive body of research suggests that increasing access to contraception can improve the health of women and children and increase their socioeconomic mobility through increased wages and labor force participation. In the United States, however, contraception and childbearing has historically been used as a form of racist and eugenic population control. This thesis outlines the history of contraception in an intersectional context, inspired largely by the work of Martha Bailey and Dorothy Roberts, from forced childbearing during chattel slavery, to the forced and or coercive sterilization of large populations of Black and Brown women in the modern era. Given the historical racism of contraception, combined with the possibilities for increased socioeconomic mobility and self-determination that accompany increased access to contraception, leads this thesis to ask: who lacks access to contraception in the U.S. today? An original analysis of data from the Guttmacher Center determines that Hispanic women are the most likely to lack access to birth control, followed by younger women and impoverished women. These findings, in conversation with the current implications of the racist past of contraception, imply the need for anti-racist contraception programs that prioritize informed consent and patient autonomy. Such programs could improve women’s and child health, decrease government spending, and contribute to increasing economic and racial equality.
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O'REILLY, JOSEPH MATTHEW. "LEGAL PRIVACY AND PSYCHOLOGICAL PRIVACY: AN EVALUATION OF COURT ORDERED DESIGN STANDARDS (ENVIRONMENTAL, PSYCHIATRIC HOSPITALS, ARCHITECTURE)." Diss., The University of Arizona, 1985. http://hdl.handle.net/10150/187916.
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The legal system and the social sciences share an interest in privacy but have developed separate conceptualizations of the concept. The result is two similar but conflicting theories of privacy that make different assumptions about how people behave and how that behavior can be controlled. The purpose of this study was to begin testing these theories by examining the operationalization of privacy through mandated standards intended to ensure privacy for the mentally ill. Specifically, the standards set in Wyatt v. Stickney, which reflect the idea that privacy is a sphere of space free from outside intrusion, were examined to see if they did indeed ensure privacy. Using two units in a facility that met the standards mandated by the court in Wyatt v. Stickney, the research examined staff and patient perceptions of privacy. Thirty-five patients were interviewed and twenty-four staff completed questionnaires on the overall habitability of the unit and patient privacy. Results indicated that the Wyatt court's operationalization of privacy as primarily a visual phenomena was inadequate and although the specific standards ordered to ensure privacy were reported to be effective by a simple majority of patients, overall patients reported a lack of privacy. Staff responses were generally in agreement with patients but they tended to use more extreme or stronger ratings. The present study also has implications for the legal conceptualization of privacy. It was found that privacy was perceived as important by patients; that autonomy as evidenced by control was an important issue for a minority of patients; and, the right of selective disclosure was not a major concern of patients. Needed future areas of research that were identified included: comparing privacy ratings across a variety of group living situations, comparing the mentally ill's conceptualizations of privacy from others, determining the effect of privacy on the therapeutic goals of an institution and therapeutic outcome and, determine the relative importance of privacy to the mentally ill.
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Herson-Roeser, Bennett. "“Those Claiming The Rights Of Freemen Are Themselves The Most Execrable Of Tyrants” / A Taste For Empire." W&M ScholarWorks, 2020. https://scholarworks.wm.edu/etd/1616444316.
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White settlers in the Northwest Territory fashioned their self-understanding in racialized conceptions of property: landed and human. This thesis seeks to bring together competing strands of historiography to examine the interplay between these two forms of property and their production. Discursively, territorial petitions reveal the ideological language used by white settlers to racially justify dispossession, dislocation, and enslavement; whereas, physically, salt production, a procedure situated at the interstices of these interlocking processes, provides a view into the workings and effects of these rhetorics on the ground. Together, these areas of focus allow for insight not just into the activity of white settlers and the resistance of dispossessed Natives and enslaved Blacks, but also into the workings and creation of early American imperial state.
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Li, Meng Qi. "Orientalism meets Occidentalism :an analysis on the human rights reports of China and the United States." Thesis, University of Macau, 2017. http://umaclib3.umac.mo/record=b3690755.
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Harrison, Kimberly S. "Totality of the circumstances: Factors affecting competence to waive Miranda rights." Thesis, University of North Texas, 2007. https://digital.library.unt.edu/ark:/67531/metadc5169/.
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Within the discipline of sociology human olfaction is rich with social significance yet remains a poorly charted frontier. Therefore, the following discourse is aimed toward the development of a foundation for the sociological study of olfaction. It is formed by the dual goals of unearthing the social history of olfaction and of providing a viable sociological account of the manner in which smells affect human ontology. From these goals arise the following research questions: (1) Have the meaning and social relevance of odors and the olfactory sensorium changed throughout different periods of history?; (2) How have those in the lineage of eminent sociological thinkers addressed the phenomenon of human olfaction during these periods?; and (3) What is the process by which aromatic stimuli are transformed from simple chemical compounds, drifting in the atmosphere, into sensations in a sensory field and then on to perceived objects, to subjects of judgment and interpretation, and finally to bases of knowledge which form and continually reform individuals in the world? The weaving of the sociohistorical tapestry of smell is undertaken to provide examples from thousands of years lived experiences as to the fluid and sociologically complex nature of individuals' olfactory senses. This historical information is presented in a narrative format and is synthesized from data gleaned from books, advertisements, articles in popular non-scientific magazines, as well as from the findings of studies published in medical/neurological, psychological, anthropological, and sociological scholarly journals. Regarding theoretical aim of this discourse, insights are drawn from Maurice Merleau-Ponty's phenomenological theory of human perception for the generation of a framework for the sociological study of olfaction. Merleau-Ponty's theoretical notions are modified, modernized, and refitted to more specifically fit the subject of human olfaction and to include all that has been discovered about the biological specifics of olfactory perception since the time of his writing. Taken in sum, this effort is an access point to the understanding of how olfactory sensory perceptions flow toward the ontological unfolding of individuals.
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Riddington, William. "The right, rights and the culture wars in the United States, 1981-1989." Thesis, University of Cambridge, 2018. https://www.repository.cam.ac.uk/handle/1810/278057.
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This thesis explores how the American right fought the culture wars of the 1980s in the context of the rights revolution and the regulatory state. It does so by examining divisions over anti-abortion measures in Congress, controversies surrounding allegations of discriminatory withholding of medical care from disabled newborns, debates over the extent to which Title IX and other federal anti-discrimination regulations bound Christian colleges that rejected direct federal funding, and the interplay between rights and education during the AIDS crisis. In doing so, it contributes to the still-growing historiography on both American conservatism and the culture wars. Firstly, it adds shades of nuance to the literature on the American right, which has, until recently, posited the election of Ronald Reagan as the beginning of an era of untrammelled conservative ascendancy. However, these case studies reveal that despite Reagan’s resounding electoral success and the refiguring of the Republican party along conservative lines, the 1980s right was forced to fight many of its battles on terrain that remained structured by the liberal legacy. This finding also contributes to recent trends in the historiography of the culture wars, which have added a great depth of historical understanding to America’s interminable conflicts over abortion, evolution, equal marriage and other social issues. By examining how the right conceived of and reacted to the enduring influence of the rights revolution and the regulatory state in the culture wars of the 1980s, the centrality of the right to privacy becomes clear. Acknowledging the importance of this right leads to the conclusion that the fundamental restructuring of relations between the federal government and the states that had taken place during the 1960s gave rise to the culture wars of the 1980s.
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Sexton, Jared C. "The politics of interracial sexuality in the post-civil rights era United States." Ann Arbor, Mich. : ProQuest Information and Learning, 2005. http://gateway.proquest.com/openurl?res_dat=xri:ssbe&url_ver=Z39.88-2004&rft_dat=xri:ssbe:ft:keyresource:Pat_Diss_04.
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Shimotsu, John M. "Human rights and United States military humanitarian and civic assistance in Latin America." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2004. http://library.nps.navy.mil/uhtbin/hyperion/04Jun%5FShimotsu.pdf.
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Thesis (M.A. in National Security Affairs)--Naval Postgraduate School, June 2004.Thesis advisor(s): Harold Trinkunas, Karen Guttieri. Includes bibliographical references (p. 63-74). Also available online.
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Dunstan, Sarah Claire. "A Tale of Two Republics: Race, Rights and Revolution, 1919-1963." Thesis, The University of Sydney, 2017. http://hdl.handle.net/2123/18038.
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My dissertation maps African American and Francophone black intellectual collaborations over human rights and citizenship from 1919 until 1963. From the so-called Wilsonian moment associated with the Paris of 1919 until the end of the Algerian War in 1962 and the March on Washington in 1963, black scholars and activists grappled with the connections between culture, race and national belonging and access to rights. Their collaboration occurred through conferences like the Pan African Congress of 1919 and the 1956 Congrès des écrivains et artistes noirs as well as through journals such as Les Continents, Opportunity, La Revue du monde noir and Présence Africaine. The connections created in these formal spaces lingered on in powerful personal and institutional exchanges that were hugely influential in shaping black activism and thinking around race and rights on a national, imperial and diasporic level. Historians of the African American experience have tended to confine their studies to America's political borders and scholarship pertaining to Francophone black thinking on citizenship and rights has most often utilized the framework of the French empire. Those who have re-adjusted these parameters have been primarily interested in the creation of an African diasporan identity, thereby understating the deep engagement of these particular groups of thinkers with not only non-black intellectual legacies but with the internationalist institution building that was occurring during the four decades in question. Connecting the independent archives of black activist organizations within America and France with those of international institutions such as the League of Nations, the United Nations and the Comintern, my thesis situates key black American and Francophone intellectuals within a transnational framework that acknowledges the role of both diasporan entanglements and ‘non-racialist’ discourses.
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Santos, Bevin A. "A Narrative Analysis of Korematsu v. United States." Thesis, University of North Texas, 1999. https://digital.library.unt.edu/ark:/67531/metadc2238/.
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This thesis studies the Supreme Court decision, Korematsu v. United States, 323 U.S. 214 (1944) and its historical context, using a narrative perspective and reviewing aspects of narrative viewpoints with reference to legal studies in order to introduce the present study as a method of assessing narratives in legal settings. The study reviews the Supreme Court decision to reveal its arguments and focuses on the context of the case through the presentation of the public story, the institutional story, and the ethnic Japanese story, which are analyzed using Walter Fisher's narrative perspective. The study concludes that the narrative paradigm is useful for assessing stories in the law because it enables the critic to examine both the emotional and logical reasoning that determine the outcomes of the cases.
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Al-Aulaqi, Nader. "Arab-Muslim views, images and stereotypes in United States." CSUSB ScholarWorks, 2003. https://scholarworks.lib.csusb.edu/etd-project/2275.
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Baker, Timnah Rachel. "Noncitizen Litigation in the Evolution of Constitutional and Rights Discourse in the United States." Thesis, The University of Sydney, 2021. https://hdl.handle.net/2123/27210.
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‘Modern Western culture is in large part the work of exiles, émigrés and refugees,’[1] writes Edward Said in a well-known essay. Can the same be said of modern western law? And if it can, what does this mean for the way we think about questions of democratic closure and constitutional self-sufficiency? What does this mean for the way we think about and treat legal claims brought by noncitizens? In this thesis I argue that legal claims brought by ‘abject’ immigrants (deportees, asylum seekers, irregular migrants) have had an important role in defining the legal system that makes up modern American law. The overarching thesis of this dissertation is that when an immigrant’s basic rights are adjudicated within the sphere of immigration law, the decisions can resonate through other sectors of the law. Encounters with foreignness within the immigration law system force us to revisit and perhaps revitalize constitutional discourse and first principles of our legal systems—equal protection of the laws, effective assistance of counsel, and plenary power reasoning. The thesis posits that immigration can be a site for broader juridical change. This process, I argue, complicates or blurs the bright-line separation between ‘insider’ and ‘outsider’ thought to be inscribed by the sovereign state, and brings into question the traditional distinction between inside immigration law and outside immigration law.
Drawing on four main case studies, I trace the process of the flow of ideas from immigration jurisprudence on the one hand, to the domain of non-immigration, or constitutional law, on the other. This entails a close reading of a number of ‘vanguard’[2] immigration cases, which have generated doctrines with a ‘spillover’ effect on citizens’ rights. These cases include three Supreme Court decisions: Plyler v Doe (with an emphasis on its impact on equal protection analysis and Gary B v Whitmer); Sessions v Morales-Santana (which I frame and analyse as an example of the noncitizen litigant as ‘scapegoat’) and Padillla v Kentucky (looking specifically at the ripple effect it had had on the Court’s treatment of the right to effective assistance of counsel in the context of plea bargaining). The case studies also include (and are book-ended by) a Ninth Circuit asylum law decision, Hernandez-Montiel v INS, which established an innovative interpretation of ‘immutability’. I track the legal doctrines generated by those cases through other areas of the law, with a particular focus on the impact they have exerted on the evolution of constitutional and rights discourse in the United States.
[1] Edward Said, ‘Reflections on Exile’ in Marc Robinson (ed), Altogether Elsewhere: Writers on Exile, (Faber and Faber, 1984) 137.
[2] Daniel Kanstroom. ‘"Alien" Litigation as Polity-Participation: The Positive Power of a "Voteless Class of Litigants"’ (2012) 21 William and Mary Bill of Rights Journal 399.
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Porter, Noah. "Falun Gong in the United States [electronic resource] : an ethnographic study / by Noah Porter." [Tampa, Fla. : s.n.], 2003. http://purl.fcla.edu/fcla/etd/SFE0000113.
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Kinley, Gary J. "An examination of the advocacy techniques employed by three state-level child advocacy groups." Virtual Press, 1986. http://liblink.bsu.edu/uhtbin/catkey/471162.
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The purpose of this study was to examine the advocacy techniques employed by three state-level child advocacy groups in a mid-western state and to determine the effectiveness of such techniques in influencing policy and legislation.The groups studied were a government-funded bureau, a professional association, and a varied member organization. Each was selected because it met the qualifications set forth for that particular group type. Data collection took place during June and July, 1981.The records examined during data collection included minutes of meetings, publications, fiscal reports, legislative reports and bills, by-laws, and newspaper articles. The data discerned from the records described the groups' founding, objectives, structure, membership, finances, and advocacy strategies, particularly public information campaigns, training, and lobbying efforts. Interviews were conducted with persons knowledgeable of the groups' activities, as necessary.Data were organized into the categories of background information, objectives, membership, structure, funding, and advocacy efforts. Issues considered by any of the three groups were classified either as legislation or as a child-oriented issue. Advocacy techniques utilized to advance a group's position on a piece of legislation were paired with the bill. The effectiveness of the techniques was determined via a scale which examined a bill's progression through the legislative process. Patterns of effective advocacy were listed. Similarly, advocacy techniques employed to advance a group's position on child-oriented issues were paired with the issues. Patterns of advocacy were discerned from that information.As a result of the data analysis, the following conclusions were made; (a) a variety of techniques were used by the groups and contributed to effective advocacy; (b) the techniques of writing to and meeting with legislators or their staffs on behalf of a group were utilized most commonly in successful efforts related to legislation; (c) collaboration and multiple efforts were related to effective advocacy; (d) the professional association was most successful in its legislative advocacy efforts; and (e) the three groups took more positions and utilized more advocacy techniques on child-oriented issues than on legislation.
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Parsell, John Benjamin. "Coalition building in immigration rights advocacy : a case study of statewide network initiatives in Vermont /." Click here to view full text, 2007.
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Allen, Christine E. "Living the Second Amendment : an ethnography of gun rights activism in the United States." Thesis, University of Essex, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.486177.
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The United States is often referred to as a 'gun culture,' not least because there are an estimated 250-300 million firearms in civilian possession. Yet a high level of gun ownership alone does not make the U.S. unique; arguably what does is that millions of Americans believe the Second Amendment of the Bill of Rights codifies the individual right to keep and bear arms, and should render federal gun control legislation 'unconstitutional'. Organisations defending this right and fighting gun control legislation such as the National Rifle Association (NRA) are among the most powerful in the country, with strong ties to the Republican administration in 2006. Because of this influence, most literature on the gun control debate describes the 'gun lobby' as a special interest group protecting not merely gun owners but also the gun industry.
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Burke, Richard. "Rights of ownership in the United States as identified through defined benefit plan conversion." Honors in the Major Thesis, University of Central Florida, 2012. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/670.
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Employer provided Qualified Plans ("Qualified Plans") are the most efficient supplement to Social Security savings and benefits. Given the significance of the benefits provided as well as the short-term Revenue constraints upon the Federal government in the form of substantially protracted tax deferrals, Qualified Plan legislation should maintain a conservative disposition. Incremental legislative action in the right direction will steadily graduate ERISA to its intended purpose. Unfortunately ERISA is a convoluted maze of formalities, definitions, and regulation that are only substantially understood by an expert and have yet to be adequately explained to the public at large. Recent publications such as Retirement Heist rouse the public's consciousness of retirement Plans by enumerating perceived abuses by large corporations. These alleged abuses certainly reflect innovative manipulations within the constraints of Qualified Plans. However, my thesis will prove that these "abuses" reflect the United States' disposition toward the rights of proprietorship regarding the Qualified Plan. The intent of the thesis is to illustrate this disposition through a study of the Amara v. Cigna Corp. case as well as a review of an actual LLC's defined benefit plan conversion to a cash balance plan. I will compare and contrast the different approaches taken by these two employers and justify the varied success they each experienced in converting their plans. Through this process, the thesis shall draw conclusions on the United States' dispositions toward ownership of the qualified plan.B.S.B.A.
Bachelors
Business Administration
Accounting
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Morbitt, Jennifer Marie. ""Let the End be Legitimate": An Analysis of Federal District Court Decision Making in Voting Rights Cases, 1965-1993." Thesis, University of North Texas, 1998. https://digital.library.unt.edu/ark:/67531/metadc279170/.
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Integrated process models that combine both legal and extralegal variables provide a more accurate specification of the judicial decision making process and capture the complexity of the factors that shape judicial behavior. Judicial decision making theories borrow heavily from U.S. Supreme Court research, however, such theories may not automatically be applicable to the lower federal bench. The author uses vote dilution cases originating in the federal district courts from the years 1965 to 1993 to examine what motivates the behavior of district and circuit court judges. The author uses an integrated process model to assess what factors are important to the adjudication process and if there are significant differences between federal district and appellate court judges in decision making.
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Rogers, Tommy Kevin. "Parental Rights: Curriculum Opt-outs in Public Schools." Thesis, University of North Texas, 2010. https://digital.library.unt.edu/ark:/67531/metadc30507/.
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The purposes of this dissertation were to determine the constitutional rights of parents to shield their children from exposure to parts of the public school curriculum that the parents find objectionable on religious, moral, or other grounds and to determine the statutory rights of parents to remove, or opt-out, their children from objectionable parts or all of the public school curriculum as set forth in the statutes of the 50 states and the District of Columbia. Many pivotal federal court cases dealing with parent rights and curricular issues, including Mozert v. Hawkins County Board of Education (1987), Vandiver v. Hardin County Board of Education (1987), Brown v. Hot, Sexy, & Safer Productions, Inc. (1995), Leebaert v. Harrington (2003), and Parker v. Hurley (2008) were surveyed using legal research methods. Specific types of curriculum opt-outs (e.g., sex education, comprehensive health programs, HIV/AIDS instruction) granted by each state were ascertained. States' statutes and regulations were categorized as non-existent, restrictive, or permissive based on the scope and breadth of each state's curriculum opt-out statute or regulation. A long list of federal court rulings have provided public schools the right to teach what school boards and administrators determine is appropriate. Parents did not have any constitutional right to opt their children out of public school curriculum. Many states' legislatures have granted parents a statutory right to opt their children out of certain parts of school curricula. In this study, 7 states had non-existent statutes or regulations, 18 states had restrictive statutes or regulations, and 26 states had permissive statutes or regulations.
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Wiltz, Meredith Clark. "Revising constitutions American women and jury service from the Fourteenth Amendment to the Nineteenth Amendment /." Connect to this title online, 2006. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=bgsu1143130629.
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Barker, Gordon S. "John Marshall and Native Rights: The Law of Nations and Scottish Enlightenment Influence." W&M ScholarWorks, 2003. https://scholarworks.wm.edu/etd/1539626418.
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Ducharme, Kevin C. "Prospects for temptation in Persia by "The Great Satan" United States engagement with Iran /." Thesis, Monterey, California : Naval Postgraduate School, 2010. http://edocs.nps.edu/npspubs/scholarly/theses/2010/Mar/10Mar%5FDucharme.pdf.
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Thesis (M.A. in Security Studies (Middle East, South Asia, Sub-Saharan Africa))--Naval Postgraduate School, March 2010.Thesis Advisor(s): Knopf, Jeffrey ; Kadhim, Abbas. "March 2010." Description based on title screen as viewed on April 26, 2010. Author(s) subject terms: Middle East, Foreign Policy, United States, Engagement, Positive incentives, Negative incentives, Iranian arms control, International relations, Strategic Studies, Sanctions. Includes bibliographical references (p. 65-69). Also available in print.
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Heinze, Eric Alan. "Human Rights in the Discourse on Sovereignty: The United States, Russia and NATO's Intervention in Kosovo." Thesis, Virginia Tech, 2001. http://hdl.handle.net/10919/42444.
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The concept of sovereignty has been a contestable
idea throughout history, and its meaning has
oftentimes transformed to reflect prevailing
systemic conditions and political priorities of
major actors in each historical period. In this
study, I argue that the social construction of
state sovereignty is at the beginning stages of
another major redefinition. In an era of
globalization and regional integration, discourse
on sovereignty has become increasingly prolific
as the rhetoric of sovereignty moves away from
Westphalian principles that were based exclusively
on the agency of independent states. Furthermore,
multinational campaigns to promote international
human rights engender a discourse that suggests
the idea of sovereignty is changing. Does this
emerging discourse confirm the growing legitimacy
of humanitarian intervention, or is it merely a
discursive trend in international relations that
does not indicate significant change in state
perception and behavior? The purpose of this work
is to address this question.Master of Arts
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Cardamone, Nicole. "A Promising Approach: The United Nations Convention on the Rights of the Child as an Instrument to Combat Child Poverty in the United States." Thesis, Boston College, 2011. http://hdl.handle.net/2345/2015.
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Thesis advisor: M. Brinton LykesMost recent figures indicate that approximately one in five children in the United States is poor (Children’s Defense Fund, 2010; Moore et al., 2009). Thus, the United States ranks considerably below other Northern Hemisphere nations in indices of both child poverty and child well-being (Rainwater & Smeeding, 2003; UNICEF, 2007). Moreover, while the United States has not ratified the United Nations Convention on the Rights of the Child (CRC), this treaty has been central in reframing policy and practices towards reducing child poverty in some other Northern Hemisphere nations. Many authors and activists have suggested that US nonratification of this Convention is based on “American exceptionalism.” This paper examines these claims – and counterclaims – and explores, through comparisons with several other Northern Hemisphere nations, how the Convention on the Rights of the Child, if ratified and implemented through US policy and practice, could play a significant part in tackling child poverty in this nation
Thesis (BA) — Boston College, 2011
Submitted to: Boston College. College of Arts and Sciences
Discipline: International Studies Honors Program
Discipline: International Studies
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Morgaine, Karen Lynn. "“Creative Interpretation and Fluidity in a Rights Framework”: The Intersection of Domestic Violence and Human Rights in the United States." PDXScholar, 2007. https://pdxscholar.library.pdx.edu/open_access_etds/3933.
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This study explores the manner in which leaders working in the domestic violence field in the US have or have not adopted a human rights framework and what impact this has had on domestic violence policy and intervention. Participants included leaders from national domestic violence and human rights organizations. These organizations are instrumental in developing policy and in framing the issues of domestic violence and human rights, many of which also work with specific racial and ethnic populations. Some of the primary research questions included: If the human rights discourse is being put to practical use within the US, how does it meet the needs of women of color, immigrants, and other women who have been marginalized? Does bringing the issue of domestic violence into a human rights framework reinscribe hegemonic feminism in ways that are either ineffectual or oppressive and colonizing to women of color, immigrants and/or women in marginalized groups in the US and if so, in what ways? Additional research objectives include assessing whether there is active resistance to adopting a human rights framework and benefits and challenges to using the framework. This research uses the critique and experiences of women of color as a focal point.
Through the use of critical ethnography and autoethnography, this study examines the manner in which the power to frame and define social problems unfolds. Findings suggest a limited dialogue to date between national domestic violence and human rights organizations with a range of thoughts regarding potential benefits and barriers to reframing domestic violence as a human rights violation. Barriers include lack of resonance/U.S. exceptionalism, power of the State to direct funding and focus, and reluctance to shift status quo based in part in white privilege. Benefits of cross-organizational dialogue include expanding focus, building coalitions, and engaging diverse communities in addressing domestic violence issues. Intersectional issues related to gender, race/ethnicity, immigration, and sovereignty are also explored. This research suggests that social workers need to continue to critically assess the application of human rights to social justice issues and the role that privilege plays in social movements and social policy formation.
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UNKEFER, JEREMIAH. "HOME RULE, GENERATIONAL RIGHTS, AND THE AMERICAN AND IRISH CONNECTION, 1858-1893." OpenSIUC, 2015. https://opensiuc.lib.siu.edu/theses/1735.
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This thesis examines Home Rule in Ireland from 1858-1893 from a transnational perspective. In particular, it explores ties between the United States and Ireland by locating common discourses on generational rights and human rights. It draws attention to American and Irish organizations that sought to free Ireland from Britain’s oppressive grasp. The thesis pays special attention to the Irish-American experience in the United States in the wake of the Great Famine of 1845-1846. Through a look at transnational rights discourses during Home Rule, this thesis exposes the impact this experience had on transnational organizations such as the Fenian Brotherhood and the Irish National League of America during Home Rule in the late nineteenth century. Furthermore it reveals how Irish Home Rule from 1858-1893, was in various ways a transnational rights movement.
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Daldin, Jacqueline. "Representations of Teen Pregnancy and Motherhood in the United States." Thesis, Malmö högskola, Fakulteten för kultur och samhälle (KS), 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-21952.
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The teen pregnancy rate in the United States has been rapidly and steadily declining across all ethnic groups and races over the past two decades and is now at an all-time low. Most academic studies attribute this decline to increased and consistent use of contraception. Despite this good news, instead of or in addition to focusing on evidence-based advocacy in their prevention efforts, many social institutions, including public health entities and private sector organizations, continue to use representations of teen pregnancy and motherhood that stigmatize young mothers – or construct narratives of failure – as part of their communication interventions. The advent of social media, however, has given young mothers the means to challenge these mainstream representations and create positive social identities – or construct narratives of success. My research focuses on how images used in prevention campaigns construct or resist representations of teen pregnancy. My methodological framework consists of a combination of textual analysis and qualitative interviews with the image-producers. Theories related to language as an important tool for constructing and resisting representations, communication for social change as a rights-based framework and social media as a site to build identity and interject voice in public discourse are also explored and should be of interest to communication for development practitioners.
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Barker, Thomas Patrick. "Music, civil rights, and counterculture : critical aesthetics and resistance in the United States, 1957-1968." Thesis, Durham University, 2016. http://etheses.dur.ac.uk/11693/.
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This dissertation explores the role of music within the politics of liberation in the United States in the period of the late 1950s and the 1960s. Its focus is on the two dominant, but very different (and, it is argued, interconnected) mass political and cultural movements that converged in the course of the 1960s: civil rights and counterculture. Divergent tendencies in the popular musics of the period, which were drawn into the orbits of these two movements, are considered in the context of tensions between political commitment and aesthetic autonomy, between the call for collective political action and the pull of individualism, and between existing political reality and the utopian perspectives offered by art. The theoretical approach derives largely from critical theory (in particular Adorno, Bloch, and Marcuse), and the thesis argues that by tending toward autonomy and individualism popular musics in this period articulated a vision of society that was radically different from existing political realities. The study situates itself in the existing literature on protest music, but seeks to take this further by examining the complexity of responses in music of this period to protest and liberation movements beyond protest songs and politically committed music to discuss issues of social critique and critical reflection. After an initial consideration of what might be meant by the categories ‘protest music’ and socially or politically engaged music, considering among others the work of Eyerman and Jamison (1998), Mattern (1998), Roy (2010), Street (2011), and in particular Denisoff (1968), notions of political engagement and autonomy are discussed in relation to Adorno (1970) and Marcuse (1977). Subsequent chapters then function as case studies of particular tendencies as well as considering significant figures in the music of the period in the context of liberation, civil rights, Black Power, the counterculture, and the New Left. The Highlander Folk School is considered for the ways that it used music to foreground a collective political identity that was subverted by the needs of individual activists; Bob Dylan is examined in light of his retreat from collective political projects and his move toward aesthetic individualism that was nevertheless met with an increase in his perceived relevance to the liberation movements; John Coltrane for his experiments with autonomous music, despite the bitter political realities faced by many African Americans; and Frank Zappa, whose music, it is argued, attempted to stimulate a form of critical self-reflection amongst his audience.
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Lindholm, Johan. "State Procedure and Union Rights : A Comparison of the European Union and the United States." Doctoral thesis, Uppsala : Iustus, 2007. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=016250418&line_number=0002&func_code=DB_RECORDS&service_type=MEDIA.
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Walsh, Stephen Roy James. "Black-oriented radio and the campaign for civil rights in the United States, 1945-1975." Thesis, University of Newcastle Upon Tyne, 1997. http://hdl.handle.net/10443/376.
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This thesis offers a detailed examination of the relationship between black-oriented radio and the African-American campaign for civil rights in the United States between 1945 and 1975. The thesis begins by establishing the central role that black-oriented radio has historically enjoyed in the lives of millions of African-Americans. Arguing that the medium assumed a particular significance in many African-American communities in the post-war era, the study contends that black radio at least enjoyed considerable potential to become an effective vehicle for the articulation of African-American aspirations and grievances. The remainder of the study assesses both the extent, and the ways, in which that potential was harnessed to the black freedom struggle. By charting the evolution of the relationship between the medium and the Movement in three different eras - 1945 to 1954; 1955 to 1965; and 1966 to 1975 - the thesis concludes that black-oriented radio enjoyed a significant, but complex and frequently ambiguous, relationship with the freedom struggle. While most stations eventually adopted a supportive posture towards the issue of civil rights, only a small - if influential - minority undertook a more active commitment to become a genuine force for community mobilisation. Considerable attention is therefore devoted to the personal, social, economic and legal factors which shaped this relationship. In the final part of the study, the main themes of the dissertation are drawn together in a detailed case study, which explores the role of black-oriented radio in the struggles of the African-American community of Washington, D.C.
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Gold, Daniel. "Lobbying Regulation in Canada and the United States: Political Influence, Democratic Norms and Charter Rights." Thesis, Université d'Ottawa / University of Ottawa, 2020. http://hdl.handle.net/10393/40908.
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Lobbying should be strictly regulated – that is the major finding of this thesis. The thesis presents many reasons to enact stricter regulations. The principle one being that, as lightly regulated as it is, lobbying is corroding democracy in both Canada and the United States.
The thesis opens with a deep investigation of how lobbying works in both countries. There are examples taken from the literature, as well as original qualitative interviews of Canadian lobbyists, former politicians, and officials. Together, these make it clear that there is an intimate relationship between lobbying and campaign financing. The link between the two is sufficiently tight that lobbying and campaign financing should be considered mirrors of each other for the purposes of regulatory design and constitutional jurisprudence. They both have large impacts on government decision-making. Left lightly regulated, lobbying and campaign financing erode the processes of democracy, damage policy-making, and feed an inequality spiral into plutocracy. These have become major challenges of our time.
The thesis examines the lobbying regulations currently in place. It finds the regulatory systems of both countries wanting. Since stricter regulation is required to protect democracy and equality, the thesis considers what constitutional constraints, if any, would stand in the way. This, primarily, is a study of how proposed stronger lobbying regulations would interact with the Canadian Charter of Rights and Freedoms, s. 2 (free expression and association rights) and s. 3 (democratic rights). The principal findings are that legislation which restricted lobbying as proposed would probably be upheld by the Canadian court, but struck down by the American court, due to differences in their constitutional jurisprudence. The thesis contends that robust lobbying regulations would align with Canadian Charter values, provide benefits to democracy, improve government decision-making, increase equality, and create more room for citizen voices.
The thesis concludes with a set of proposed principles for lobbying reform and an evaluation of two specific reforms: limits on business lobbying and funding for citizen groups. Although the thesis focuses on Canadian and American lobbying regulations, its lessons are broadly applicable to any jurisdiction that is considering regulating lobbying.
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Peterson, Christian Philip. "Wielding the Human Rights Weapon: The United States, Soviet Union, and Private Citizens, 1975-1989." Ohio : Ohio University, 2009. http://www.ohiolink.edu/etd/view.cgi?ohiou1242234040.
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