Global ETD Search

1	Islamophobia, Pluralism, and Multiculturalism: A Comparison between Western Europe and the United States Boerigter, Thomas J. 01 January 2012 (has links) This thesis examines the role(s) of pluralism and the multiculturalism/monoculturalism binary within Islamophobia in the United States and the nations of Western Europe. It analyzes the history of Muslims in Western Europe in order to better understand the relationship between native Europeans and Muslims immigrants, then comparing this relationship to Americans and the Muslim immigrants to the United States. Islamophobia xenophobia multiculturalism monoculturalism pluralism Civil Rights and Discrimination Comparative and Foreign Law
2	Reunification and Reconstruction as Constitutional Moments: Constitutional Identity in Germany and the United States Muller, Melissa 01 January 2018 (has links) This thesis employs the lens of constitutional identity to engage in a comparative analysis of Germany during reunification and the United States during Reconstruction. I argue that these developments should be considered constitutional moments that fundamentally shifted the ways each country conceptualized citizenship, economic liberties, and federalism. Moreover, the similarities between these shifts highlight an overarching logic to constitutional design by showing why realizing these re-conceptualizations required substantive changes to constitutional mechanisms and delegation of powers. Ultimately my thesis emphasizes the analytical power of constitutional identity and critiques a variety of perspectives on Reconstruction, including those found in the majority opinions in the Slaughterhouse Cases and Civil Rights Cases. constitution germany reunification reconstruction Comparative and Foreign Law Constitutional Law Law and Politics
3	Polish foreign policy and the development of the Conference on Security and Cooperation in Europe Yasui, Keijiro 01 January 1983 (has links) This thesis concerns the connection between the development of Polish foreign policy and the evolution of the Warsaw Pact's proposals for an all European Conference on Security and Cooperation in Europe (CSCE). The first concrete CSCE proposal was put forward by Poland in 1964. It reflected the Soviet Union's interests as well as those of Poland's. The proposals were closely related to the situation which World War II had created for Poland. During the war Poland was massacred by both the Germans and the Soviets. It lost almost half of its territory to the Soviet Union and was moved to the West. Therefore, immediately after the war one could speak very little of Polish foreign policy. However, since 1955 when West German was recognized by the Western Powers as a sovereign state and was rearmed, Polish foreign policy was greatly reactivated. This was precisely because a strong German state would challenge Poland's western frontier, which it had received as compensation for the land it had lost in the East. Through various Rapacki plans and its vigorous campaigns for the Council on Security and Cooperation in Europe (CSCE), Poland attempted to prevent the emergence of a powerful German state, thus securing the finality of its western border. But these policies also aimed at decreasing the Soviet overlordship of Poland. With its vital territorial question settled and the Soviet influence over it decreased, Poland hoped to cultivate closer ties with Western Europe, from which it had been artificially separated. Rapacki Plan Poland -- Foreign relations Comparative and Foreign Law European Law Political Science
4	Why Foreign Policy Principles Persist: Understanding the Reinterpretations of Japan’s Article 9 and Switzerland’s Neutrality Numata, Yuki 01 January 2016 (has links) This study examines why Japan and Switzerland have chosen to keep the vocabulary of Article 9 and neutrality, respectively, and to reinterpret their definitions to suit their needs (policy reinterpretation), instead of simply abandoning the original policy and replacing it with a new, more suitably worded policy that clarifies the changing policy position of the government (policy abandonment). By analyzing the legal history of the overseas capabilities of the Japanese Self-Defense Forces and the Swiss Armed Forces, as well as the actions and influences of the government, political parties, and the public, this study finds the following trends. First, the government tends to refrain from policy abandonment either due to perceived public opposition or benefits in international negotiations. Second, party resistance is not an significantly influential factor in the choice of policy abandonment over policy reinterpretation. Finally, public opinion is influential, but self-contradictory; often supporting the change in policy (increased overseas capabilities of armed forces) but opposing the concept of policy abandonment due to high attachment to the respective policies of Article 9 and neutrality. Foreign Policy Japan Switzerland Article 9 Neutrality Constitutional Amendment Asian Studies Comparative and Foreign Law Constitutional Law Defense and Security Studies Law and Society Legal History National Security Law Other International and Area Studies Policy History, Theory, and Methods
5	It Takes a Village: An Analysis of Multilateralism and the Legal Mechanisms Designed to Prevent Violence Against Women Ivey, Madison 01 January 2019 (has links) Treaties and international organizations work together to create a global environment that protects the rights of a person and actively promotes the well-being of society. However, they do not necessarily guarantee the rights of everyone. Since women are not explicitly named in human rights documents, they are often not granted equal human rights. Therefore, it takes more than just international legal instruments to guarantee women's rights as human rights. A combination of civil society (NGOs), International organizations (IOs), and domestic government creates a perfect coalition to beat the barriers that must be overcome to fully protect women from violence. Comparative and Foreign Law Conflict of Laws Courts Criminal Law European Law Human Rights Law International Humanitarian Law International Law Jurisdiction Law and Gender Law and Politics Law and Society Military, War, and Peace Religion Law Sexuality and the Law Transnational Law
6	State-Financed Merger and Acquisition Activity in Germany as a Catalyst for Robust Chinese Patent Law Enforcement Payne, Bridget Áine 01 January 2018 (has links) Germany’s economic dominance in Europe, generous investment incentives, and technical manufacturing prowess has encouraged an influx of Chinese-led inbound activity, concentrated in high-tech sector mergers and acquisitions. A close examination of these M&As yields evidence of systemic Chinese state-financing through both state-owned and private vehicles that likely stems from China’s “Made in China 2025” policy, which hopes to stem capital outflow and to indigenize technological innovation. As Germany braces for what it sees to be continuous attempts by China to take patented German technology through M&As, it worries that Chinese patent law will allow for rampant patent infringement by copycat Chinese entities. This paper presents an overview of the root causes of China’s heavy economic activity in Germany, as well as an analysis of the legal concerns held by German firms based on a close reading of the Patent Law of the People’s Republic of China and strategic recommendations for German companies hoping to work with or in China. Patent Law IP Law Intellectual Property IP German Patent Law Chinese Patent Law Chinese Law China Law German Law Germany Law European Union Antitrust and Trade Regulation Banking and Finance Law Commercial Law Comparative and Foreign Law Contracts Courts European Law Intellectual Property Law International Law International Trade Law Law and Economics Law and Politics Litigation
7	A Translation of Dominik Nagl’s Grenzfälle with an Introductory Analysis of the Translation Process Keady, Joseph 01 February 2020 (has links) My thesis is an analysis of my own translation of a chapter from Dominik Nagl's legal history 'Grenzfälle,' which addresses questions of citizenship and nationality in the context of the German colonies in Africa and the South Pacific. My analysis focuses primarily on strategies that I used in an effort to preserve the strangeness of a linguistic context that is, in many ways, "foreign" to twenty first-century North Americans while also striving to avoid reproducing the violence embedded in language that is historically laden with extreme power disparities. Germany Africa colonialism translation citizenship legal history African American Studies Africana Studies African History Civil Law Civil Rights and Discrimination Common Law Comparative and Foreign Law Comparative Literature Cultural Heritage Law Cultural History Diplomatic History Ethnic Studies European History European Languages and Societies European Law Family Law German Language and Literature Government Contracts History History of the Pacific Islands Holocaust and Genocide Studies Human Rights Law Immigration Law Indigenous Studies International Humanitarian Law International Law Jewish Studies Language Interpretation and Translation Law and Gender Law and Politics Law and Race Law and Society Legal Legal History Melanesian Studies Micronesian Studies Modern Languages Other Arts and Humanities Other German Language and Literature Other History Other Languages, Societies, and Cultures Other Law Pacific Islands Languages and Societies Political History Polynesian Studies Public History Social History Translation Studies Transnational Law Women's History

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