http://www.inquiriesjournal.com/keyword/law Inquiries Journal provides undergraduate and graduate students around the world a platform for the wide dissemination of academic work over a range of core disciplines. en-us Sun, 03 May 2026 05:13:58 -0400 Sun, 03 May 2026 05:13:58 -0400 http://www.inquiriesjournal.com/articles/1940/the-evolution-of-third-party-doctrine-analysis-how-the-supreme-courts-current-analytical-framework-limits-the-scope-of-the-third-party-doctrine By Peter Conlin - The Fourth Amendment protects the “right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures…” Fundamentally, the Fourth Amendment places constitutional limits on law enforcement’s power to conduct a search or a seizure. However, the Supreme Court has recognized certain exceptions to this general constitutional requirement. The most controversial and expansive exception is the Third-Party Doctrine, which states: once information is relinquished to a third party, its original owner loses any expectation of privacy... Fri, 25 Feb 2022 09:30 EST http://www.inquiriesjournal.com/articles/1940/the-evolution-of-third-party-doctrine-analysis-how-the-supreme-courts-current-analytical-framework-limits-the-scope-of-the-third-party-doctrine http://www.inquiriesjournal.com/articles/1936/explaining-the-gender-gap-in-the-criminal-justice-system-how-family-based-gender-roles-shape-perceptions-of-defendants-in-criminal-court By Katharina Geppert - Numerous studies have investigated why women are vastly underrepresented in prisons across the United States. In explaining this “gender gap,” scholars have found that women are treated more leniently than men at various stages of the judicial process. Explanations for women’s lenient treatment are often oversimplified as “sex differences” in criminal behavior and could benefit from further investigation. Through qualitative interviews with federal judges and attorneys, as well as observations of criminal court proceedings, this study examines how the family, as a... Wed, 09 Feb 2022 01:17 EST http://www.inquiriesjournal.com/articles/1936/explaining-the-gender-gap-in-the-criminal-justice-system-how-family-based-gender-roles-shape-perceptions-of-defendants-in-criminal-court http://www.inquiriesjournal.com/articles/1918/euthanasia-and-consensual-harm-evaluating-the-moral-and-legal-asymmetry-of-self-and-other-regarding-acts By Anna L. Peters - Suicide is legal in almost every country, but places where euthanasia is permitted remain in the minority (Mishara and Weisstub 2016). In many legislatures, suicide is not a criminal act. It is, however, a criminal act for you to assist me in this, either indirectly by providing the means (assisted suicide), or directly by performing the fatal act (euthanasia), even if I ask for your assistance. This dichotomy is emblematic of a pattern that can be found in many legal systems: person B – the agent, throughout – is prohibited from doing to person A – the principal, throughout &... Mon, 25 Oct 2021 08:48 EDT http://www.inquiriesjournal.com/articles/1918/euthanasia-and-consensual-harm-evaluating-the-moral-and-legal-asymmetry-of-self-and-other-regarding-acts http://www.inquiriesjournal.com/articles/1891/conservative-perspectives-of-political-outsiders By Audrey Cialdella - Western conservatism is often conceived as the philosophy of large landowners in the past and business executives in the present. Heightened awareness of racial and class disparities in recent years has increased the perception that conservatism is the ideology of the elite. In this paper, I will explore the conservative philosophies of three individuals who contradict this notion: Cicero, Edmund Burke, and Alexander Hamilton. I argue that conservatives consider their in-group to be those who share their values and traditions, and those traditions and values are their most salient identity. Disruption... Thu, 18 Mar 2021 04:39 EDT http://www.inquiriesjournal.com/articles/1891/conservative-perspectives-of-political-outsiders http://www.inquiriesjournal.com/articles/1823/solving-poverty-by-reforming-moral-character-how-the-new-poor-law-failed-19th-century-british-society By Fiona D. Xu - The 19th century, a tumultuous period which saw a momentous change to a way of life, also saw the implementation of the Poor Law Amendment Act of 1834, a decisive change in England’s relationship with its poor. The local parish based poor relief now became a national program run by the Poor Law Board, and what was a charity based model was tweaked into one focused on deterrence. Yet, as this paper argues, with all the good intentions with which these changes were implemented, the Poor Law Amendment Act ultimately failed to live up to its goal of lowering the number of impoverished citizens... Wed, 21 Oct 2020 07:51 EDT http://www.inquiriesjournal.com/articles/1823/solving-poverty-by-reforming-moral-character-how-the-new-poor-law-failed-19th-century-british-society http://www.inquiriesjournal.com/articles/1778/seeking-a-better-life-asylum-law-the-migration-crisis-and-available-legal-remedies By Audrey Cialdella - Between 2012 and 2017, the number of asylum applications from El Salvador, Guatemala, and Honduras—countries collectively known as the Northern Triangle—increased by eight hundred percent[1]. The Trump administration has responded by increasing deportations, separating families, and forcing would-be asylum seekers to wait to file their claims in Mexico, where they have limited resources and remain exposed to many of the dangers from which they fled[2]. The root of this mass exodus from three small countries reaches back to the Cold War, when the US became enmeshed in civil wars in... Thu, 27 Feb 2020 08:22 EST http://www.inquiriesjournal.com/articles/1778/seeking-a-better-life-asylum-law-the-migration-crisis-and-available-legal-remedies http://www.inquiriesjournal.com/articles/1769/united-states-patents-biopiracy-and-cultural-imperialism-the-theft-of-indias-traditional-knowledge By Daanyaal R. Kumar - This article aims to present the biopiracy of traditional knowledge from India by the United States, which has occurred directly through the use of patent law and indirectly through economic power and cultural imperialism. Throughout this essay, I will analyze U.S. patent law, patent law cases where Indian traditional knowledge is being stolen, and the influence of U.S. Pharmaceutical Research and Manufacturers of America in India. Through lenses of economic power and cultural imperialism, I will examine how economic power and U.S notions of cultural imperialism have given the United States the... Thu, 03 Oct 2019 08:21 EDT http://www.inquiriesjournal.com/articles/1769/united-states-patents-biopiracy-and-cultural-imperialism-the-theft-of-indias-traditional-knowledge http://www.inquiriesjournal.com/articles/1738/wind-energy-legislation-strategies-for-the-lone-star-state By Elizabeth A. Weis - Texas introduced Senate Bill 277 as its first wind energy siting law during the 2017 Legislature. The bill combats radar interference between wind and military equipment by exempting any wind farm within thirty nautical miles of a military base from tax deductions. This rule does not make sense for several reasons: it defies the economic logic grounding Texas’ decision to pursue wind energy, it addresses an issue traditionally handled by the federal government, and employs inefficient tactics the Department of Defense no longer uses. The inadequacies of this legislation point out that lawmakers... Fri, 11 May 2018 09:31 EDT http://www.inquiriesjournal.com/articles/1738/wind-energy-legislation-strategies-for-the-lone-star-state http://www.inquiriesjournal.com/articles/1705/theoretical-utilisation-of-biological-warfare-from-aquatic-invasive-species By Richard J. Neale - The Peruvian population became infected from eating shellfish that had ingested plankton, and from drinking or bathing in water supplies drawn directly out of the rivers which at best had only minimal processing. It worked its way inland, and was spread faster due to massive overcrowding, whilst the waters themselves spread along the coastline. The lack of water purification, chlorination protocols, insufficient infrastructure with regards to medical facilities and waste disposal, coupled with minimal international support lead to 4,000 deaths within a matter of weeks, with a further 393,000 contracting... Thu, 16 Nov 2017 11:42 EST http://www.inquiriesjournal.com/articles/1705/theoretical-utilisation-of-biological-warfare-from-aquatic-invasive-species http://www.inquiriesjournal.com/articles/1703/eminent-domain-in-the-united-states-and-china-comparing-the-practice-across-countries By Simon K. Zhen - Regardless of which side of the Pacific individuals reside on, the idea of the government taking property and uprooting citizens tends to evoke a considerable amount of backlash. In examining the eminent domain practices of the United States and China, this paper will provide a framework for evaluating and improving the peculiar processes of each country. The first two sections will, respectively, explore the legal framework of eminent domain in the U.S. and China. The third section will analyze the implications of both systems in light of two themes: (1) balancing the interests of stakeholders... Tue, 14 Nov 2017 09:25 EST http://www.inquiriesjournal.com/articles/1703/eminent-domain-in-the-united-states-and-china-comparing-the-practice-across-countries http://www.inquiriesjournal.com/articles/1642/libya-2011-exploring-the-implementation-of-the-responsibility-to-protect By Andrew R. Aubuchon - This article explores the role that the Responsibility to Protect (R2P) played in the 2011 intervention in Libya. It examines the R2P legal framework in coordination with events on the ground in Libya during the early part of 2011 in order to thoroughly explain that R2P was correctly invoked by the United Nations Security Council in order to uphold international law. The article argues that this mandate allowed for the lawful intervention by NATO thereafter. However, the R2P was not fully carried out. The law clearly mandates actions that must be taken upon the conclusion of fighting carried out... Thu, 11 May 2017 10:26 EDT http://www.inquiriesjournal.com/articles/1642/libya-2011-exploring-the-implementation-of-the-responsibility-to-protect http://www.inquiriesjournal.com/articles/1539/gender-equality-in-international-institutions-progress-and-challenges-in-moving-toward-gender-parity By Lyndsay B. Thompson - The International Criminal Tribunals for the Former Yugoslavia and International Criminal Tribunals for Rwanda, for the first time in international law, recognized sexual violence in conflict as crimes against humanity and grave breaches of international law. Subsequently, the International Criminal Court was created with a gender-mainstreamed focus on international issues, and UN Resolutions required states to make gender parity in representation and gender equality national goals. However, when faced with changes in formal rules, institutions often react to reinforce old traditional gender norms... Sat, 18 Feb 2017 09:01 EST http://www.inquiriesjournal.com/articles/1539/gender-equality-in-international-institutions-progress-and-challenges-in-moving-toward-gender-parity http://www.inquiriesjournal.com/articles/1450/the-right-to-privacy-in-a-digital-age-reinterpreting-the-concept-of-personal-privacy By Alyssa M. Brumis - The right to privacy dates back farther than 1890, when Supreme Court Justice Louis Brandeis penned The Right to Privacy: “In the very early times, the law gave remedy only for physical interference with life and property, for trespasses vi et armis” [by force and arms] (Brandeis, 1890). However, in today’s society, privacy has become more complex than simply “physical interference.” The birth of the World Wide Web has created a new landscape for which current legal standards are inadequate. “The law’s struggle to conceptualize privacy has often stunted... Fri, 16 Sep 2016 08:53 EDT http://www.inquiriesjournal.com/articles/1450/the-right-to-privacy-in-a-digital-age-reinterpreting-the-concept-of-personal-privacy http://www.inquiriesjournal.com/articles/1436/depoliticizing-and-deconstructing-human-rights-changing-the-lens-through-which-we-view-universal-human-rights By Uday V. Garg - This paper is an attempt to navigate through existing theories of universalisation of human rights and existing justifications thereof. It is premised on several cultural and political notions that it takes as starting points, not as truisms, but through ideological deconstruction, which enable positively directing the aforementioned navigation, with the object of illustrating fundamental flaws in the current regimes, both political and discursive, of the human rights movement. The paper derives this idea from Mutua’s (2001) article, and takes it forward to proposing an alternative regime... Thu, 01 Sep 2016 09:20 EDT http://www.inquiriesjournal.com/articles/1436/depoliticizing-and-deconstructing-human-rights-changing-the-lens-through-which-we-view-universal-human-rights http://www.inquiriesjournal.com/articles/1413/hearts-and-minds-a-comparison-of-counter-radicalization-strategies-in-britain-and-the-united-states By Adrienne Ou - Bataclan. San Bernadino. One need not read any further to understand how radicalization is crucial to counterterrorism and national security. Some states have implemented counter-radicalization strategies to cull terrorism at its root. These tactics fall within two broad groups: the North American method, which emphasizes behavioral radicalization, and the European method, which stresses cognitive radicalization. This paper compares the two methods by examining counter-radicalization strategies in the United States and in the United Kingdom. Case studies explain the social ramifications and the... Mon, 23 May 2016 12:00 EDT http://www.inquiriesjournal.com/articles/1413/hearts-and-minds-a-comparison-of-counter-radicalization-strategies-in-britain-and-the-united-states http://www.inquiriesjournal.com/articles/1404/the-effect-of-a-311-vacant-building-call-on-crime-rates By Bharat Chandar - Abandoned and vacant properties have long been a source of economic and political debate in the United States. Historically, property abandonment has been considered a symptom of urban disinvestment and not a cause. However in recent years, many studies have investigated whether there is a casual link between vacant buildings and the crime rate in the surrounding areas. Since these spaces offer an area of low supervision, they can act as a haven to individuals with criminal intent. Consequently, these buildings if left unsecured often evidence acts of prostitution, drug use, and gang-related activities... Tue, 03 May 2016 12:00 EDT http://www.inquiriesjournal.com/articles/1404/the-effect-of-a-311-vacant-building-call-on-crime-rates http://www.inquiriesjournal.com/articles/1403/how-does-medical-marijuana-legalization-affect-the-number-of-marijuana-users-an-inclusion-and-examination-of-different-age-groups By Anthony Duong - This paper studies the effect of medical marijuana legalization on the number of marijuana users in a given state's general population. To measure the number of marijuana users in each state, I used survey data that covers multiple years. Given this data, I used a differences-in-differences model to see if the changes in marijuana use over time in legalized states are signi ficantly different from those in non-legalized states. While my initial results showed that legalization significantly increases the percentage of marijuana users in the general population, this was no longer the case when... Tue, 03 May 2016 12:00 EDT http://www.inquiriesjournal.com/articles/1403/how-does-medical-marijuana-legalization-affect-the-number-of-marijuana-users-an-inclusion-and-examination-of-different-age-groups http://www.inquiriesjournal.com/articles/1339/competing-claims-in-the-south-china-sea-viewed-through-international-admiralty-law By Constantine J. Petallides - The Spratly Islands sit in the eastern waters of the South China Sea, west of the Philippines and northwest of Brunei Darussalam and Malaysia.[1] The island chain consists of “more than 140 islets, rocks, reefs, shoals, and sandbanks spread over an area of more than 410,000 square kilometers.”[2] Some of the islands are totally submerged, some appear and disappear with the tides, and some are always above the sea.[3] Less than forty of the Spratly Islands’ features are islands under Article 121(1) of UNCLOS, which defines an island as “a naturally formed area of land, surrounded... Wed, 27 Jan 2016 05:36 EST http://www.inquiriesjournal.com/articles/1339/competing-claims-in-the-south-china-sea-viewed-through-international-admiralty-law http://www.inquiriesjournal.com/articles/1312/what-was-the-influence-of-cosmopolitan-law-on-the-permanent-court-of-international-justice By Melissa S. McHugh - At the heart of many contemporary international organizations, such as the United Nations, the International Court of Justice (ICJ) and the International Criminal Court (ICC), the theory underpinning cosmopolitan law represents the ideal they strive to achieve in a world plagued with war, conflict, and genocide. Before the UN, the ICJ and the ICC, the League of Nations established the Permanent Court of International Justice (PCIJ)—not as a utopian realization of Immanuel Kant’s perpetual peace, but as a tool for European nations to seek rational resolutions to disputes arising from... Fri, 20 Nov 2015 10:43 EST http://www.inquiriesjournal.com/articles/1312/what-was-the-influence-of-cosmopolitan-law-on-the-permanent-court-of-international-justice http://www.inquiriesjournal.com/articles/1061/the-shah-bano-controversy-a-case-study-of-individual-rights-religious-tolerance-and-the-role-of-the-secular-state By Jill M. Oglesbee - Since Independence, the Indian government has struggled to achieve political modernity within acceptable religious boundaries. Religious diversity in India necessitates governmental sensitivity toward sometimes opposing principles, and yet, when religious practices threaten an individual’s access to the rights of citizenship, a secular government has to intervene. The Indian Supreme Court case of Mohammad Ahmed Khan v. Shah Bano Begum and others brought to the forefront issues of citizenship, minority identity, and national sovereignty amidst an environment of fear and tension during the... Sat, 29 Aug 2015 07:57 EDT http://www.inquiriesjournal.com/articles/1061/the-shah-bano-controversy-a-case-study-of-individual-rights-religious-tolerance-and-the-role-of-the-secular-state http://www.inquiriesjournal.com/articles/1073/an-axe-to-grind-an-overview-of-hungarys-axe-murder-case-and-its-effects-on-the-international-community By Akos Erzse - Politics is the result of interaction of different groups and communities, aiming to ensure peaceful cohabitation of all actors. Due to this relationship between states, statements and actions by government officials, diplomatic officers or even civilians are capable of inadvertently offending societies and different peoples, provoking radical responses by administrations and the public alike. A good example was Presidential Candidate Mitt Romney’s remark about the lack of preparedness of British security prior to the 2012 Olympic Games, which resulted in heavy criticism and left a bitter... Thu, 01 Jan 2015 07:58 EST http://www.inquiriesjournal.com/articles/1073/an-axe-to-grind-an-overview-of-hungarys-axe-murder-case-and-its-effects-on-the-international-community http://www.inquiriesjournal.com/articles/936/the-evolution-of-human-rights-law-in-europe-comparing-the-european-court-of-human-rights-and-the-ecj-icj-and-icc By Donna V. Artusy - Human rights protection in Europe evolved significantly over the last century, culminating in the creation of the European Court of Human Rights. Unfortunately, the decisions made by the European Court of Human Rights are not binding and do not serve as precedent for future cases. The court has the potential to hold significantly greater influence over human rights protection, but its institutional structure and guiding doctrine (the European Convention on Human Rights) does not allow for this. Although the Court maintains jurisdiction over a smaller number of states, it has a more significant... Mon, 03 Nov 2014 03:49 EST http://www.inquiriesjournal.com/articles/936/the-evolution-of-human-rights-law-in-europe-comparing-the-european-court-of-human-rights-and-the-ecj-icj-and-icc http://www.inquiriesjournal.com/articles/882/title-ix-and-the-gender-binary-trajectories-of-equality By Jennifer J. Luther - Prior to 1970, women were severely underrepresented in high school and college math, science, and business courses, and were almost invisible in high school technical courses.[1] Even professional schools barred access to women for all programs but teaching, nursing, social work, and library science through quotas – and even if women did enter male-dominated programs, this exposed them to sexual harassment.[2] The 1970s women’s movement focussed on the problems of restricted access to education, notably in business, medical schools, and law schools, as barriers to equal access to better... Tue, 01 Apr 2014 04:37 EDT http://www.inquiriesjournal.com/articles/882/title-ix-and-the-gender-binary-trajectories-of-equality http://www.inquiriesjournal.com/articles/1085/international-cooperation-in-combating-threats-to-maritime-security-global-maritime-security-and-international-law By Stephanie Fitzgerald - Regardless of this debate, there is certainly evidence of some kind of duty to cooper ate under international law. Two of the purposes of the United Nations (UN ) mentioned in The Charter are to maintain international peace and security through collective action, and to achieve international cooperation in solving problems of an economic, social, cultural, or humanitarian character.6 A 1970 UN General Assembly resolution recommends the codification of the duty to cooperate in accordance with the Charter and goes on to specify that this includes cooperation in the maintenance of international peace... Wed, 01 Jan 2014 07:58 EST http://www.inquiriesjournal.com/articles/1085/international-cooperation-in-combating-threats-to-maritime-security-global-maritime-security-and-international-law http://www.inquiriesjournal.com/articles/1487/power-religion-and-capital-punishment-a-comparative-analysis-between-abolitionist-turkey-and-retentionist-iran By Mariam Azhar - Turkey and Iran are both predominately Muslim-populated countries with a history of powerful political leaders who have shaped their societal values and perceptions towards capital punishment. Until the 1920s both countries employed a fairly punitive policy with regards to capital punishment. However, with the Treaty of Lausanne in 1923, Ataturk Mustafa Kemal finally achieved Turkish independence, which started Turkey on the road towards Westernization and secularism. Similarly in 1926, Reza Khan deposed an age old monarchy in Iran and followed the Kemalist ideology to lay the foundations for... Fri, 15 Nov 2013 12:00 EST http://www.inquiriesjournal.com/articles/1487/power-religion-and-capital-punishment-a-comparative-analysis-between-abolitionist-turkey-and-retentionist-iran http://www.inquiriesjournal.com/articles/777/womens-fashion-and-the-renaissance-considering-fashion-womens-expression-and-sumptuary-law-in-florence-and-venice By Lydia K. Ethridge - In 1487, Laura Cereta wrote a letter in which she railed against women who “strive by means of exquisite artistry to seem more beautiful that the Author of their beauty decreed.” Cereta represents a voice uncommon among women of her time. Despite her biting remark that women who were “born free … boast to be held captive,” the vast majority of women during her era were already captive by their inability to express themselves. It was, rather, the advent of fashion that allowed them any form of expression whatsoever. It introduced a new, ever-changing form of expression... Thu, 24 Oct 2013 11:32 EDT http://www.inquiriesjournal.com/articles/777/womens-fashion-and-the-renaissance-considering-fashion-womens-expression-and-sumptuary-law-in-florence-and-venice http://www.inquiriesjournal.com/articles/775/the-law-of-attack-in-cyberspace-considering-the-tallinn-manuals-definition-of-attack-in-the-digital-battlespace By Michael J. Norris - A lawful attack in armed conflict is predicated on four cumulative conditions. First, the target must be a 'military objective.' Second, the 'means' and 'method' employed to attack the target must be lawful. Third, the attacker must take specified precautions. Finally, the attack must not cause damage to civilian objects or civilians excessive in relation to the concrete and direct military objective anticipated.[3] Attacks which do not meet these four conditions are considered unlawful. However, operations that do not meet the threshold of attack are not subject to the aforementioned conditions... Tue, 22 Oct 2013 10:33 EDT http://www.inquiriesjournal.com/articles/775/the-law-of-attack-in-cyberspace-considering-the-tallinn-manuals-definition-of-attack-in-the-digital-battlespace http://www.inquiriesjournal.com/articles/760/anxieties-of-empire-examining-frontier-governance-in-19th-century-british-india By Zaib Un Nisa Aziz - In May 2012, Shakil Afridi received a sentence of thirty-three years “rigorous imprisonment” and a large fine for aiding foreign intelligence gatherers in their quest for Osama bin Laden. The Pakistani state did not charge Afridi – a doctor from the Khyber area of the Federally Administered Tribal Areas (FATA) – under the national criminal code, where they would have risked a controversial public trial and a possible death sentence. Instead, Mohammad Nasir Khan, assistant Political Agent of Bara, Khyber Agency, announced on May 23rd, 2012 that Dr. Afridi had been tried &... Wed, 18 Sep 2013 11:45 EDT http://www.inquiriesjournal.com/articles/760/anxieties-of-empire-examining-frontier-governance-in-19th-century-british-india http://www.inquiriesjournal.com/articles/746/societal-and-legislative-attitudes-toward-social-housing-tenants-in-ireland-critical-evaluation-of-housing-law-and-policies-statistics-case-law-and-literature By Tatiana V. Kelly - One area in which the division among Irish citizens remains apparent is in the realm of social housing. Housing represents the largest expense as well as the largest investment for most households: home ownership strongly continues to symbolize wealth of an individual in the eyes of society and provides a basis for social inclusion of all citizens. And when housing is unaffordable, not accessible, or simply unsuitable for a particular family unit, it can result in emotional as well as financial distress and social exclusion. The provision of shelter is a prerequisite of human existence, typically... Fri, 16 Aug 2013 04:35 EDT http://www.inquiriesjournal.com/articles/746/societal-and-legislative-attitudes-toward-social-housing-tenants-in-ireland-critical-evaluation-of-housing-law-and-policies-statistics-case-law-and-literature http://www.inquiriesjournal.com/articles/1607/women-in-the-schoolhouse-whitehouse-and-whorehouse-empowering-sex-trafficked-women-in-southeast-asia-through-education-and-political-participation By Matthew Lozada - While the enslavement of humans has been occurring even before the dawn of written history, today's form of slavery occurs on an unprecedented scale in both scope and reach. This work attempts to understand the most vulnerable sectors of population groups and the strength of the laws in Southeast Asian countries that address the human trafficking epidemic in the region. This endeavor uses quantitative analysis through the linear regression function of the SPSS program to operationalize and see whether the factors of gender parity, educational attainment, or political representation show strong... Fri, 31 May 2013 12:00 EDT http://www.inquiriesjournal.com/articles/1607/women-in-the-schoolhouse-whitehouse-and-whorehouse-empowering-sex-trafficked-women-in-southeast-asia-through-education-and-political-participation