Una sociedad legalista: Abogados, procuradores de causas y la creación de una cultura legal colonial en Lima y Potosí, 1540–1670

This study deals with the formation, reproduction, and the role in litigation of two branches of the legal profession, lawyers and procurators. They were the experts in charge of civil, criminal, and ecclesiastical litigation during the Old Regime. While the lawyers provided erudite legal advice, procurators oriented and drove the procedure as legal representatives of their clients. The European legal revolutions of the twelfth and thirteenth centuries forged a new legal culture in which the lawsuit was reputed to be the best way to settle disputes. Likewise, that legal culture conferred an important place to specialists as legal facilitators of the contending parties. When Castilians exported their legal system to the New World, they spread a complex and bureaucratic framework, contributing to the reproduction of a class of experts in urban spaces. Lima and Potosi, two urban centers created in the sixteenth century, quickly became significant ‘legal cities’. This dissertation explores how the legal markets of these cities operated, the careers of their specialists, their professional options, social images regarding them, and litigation costs. This study examines the careers of 267 facilitators and demonstrates that they constituted a class of distinctive legal professionals. Legal culture embodies the representation and use of law. The closeness of specialists with litigants, in particular of procurators familiarized the parties with litigation and its complex processes. These specialists forged dominant legal discourses and manipulated juridical order. Litigants were not passive agents of their specialists. Caciques and members of the Hispanicized communities appropriated the law in a visible way as the growing litigiousness illustrates. Colonial law (of a pluralistic basis) was an arena of assertion and discussion of rights by different social actors, encomenderos, leading citizens, widows, native chieftains, artisans, and commoners. This study concludes that this struggle and manipulation served to legitimate the role of those legal experts and gave birth to a complex legalistic society in the Andes under Spanish Habsburg rule.

Patronage and bribery in sixteenth-century Peru: The government of Viceroy Conde del Villar and the visita of Licentiate Alonso Fernandez de Bonilla

This dissertation deals with the nature of the political system in sixteenth-century colonial Spanish America through an analysis of the administration of Viceroy Fernando de Torres y Portugal, Conde del Villar, in Peru (1585–1590). The political conflicts surrounding his government and the accusations of bribery leveled against him and members of his household provide the documentation for a case study in a system in which prestige and authority were defined through a complex network of patronage and personal relationships with the Spanish monarch, the ultimate source of legitimate power. ^ This dissertation is conceptualized using categories presented in Max Weber's theory on the nature of political order and authority in the history of human societies and the definition of the patrimonial system as one in which the power of he king confers legitimacy and authority on the whole political structure. ^ The documentary base for this dissertation is an exceptionally detailed and complete record related to the official administrative review ( visita) ordered by Philip II in 1588 to assess the government of Viceroy Torres y Portugal. Additionally, letters as well as other primary and secondary sources are scattered in repositories on both sides of the Atlantic. ^ The study of this particular case offers an excellent opportunity to gain an understanding of a political order in which jurisdictional boundaries between institutions and authorities were not clearly defined. The legal system operating in the viceroyalty was subordinated to the personal decisions of the king, and order and equilibrium were maintained through the interaction of patronage networks that were reproduced at all levels of the colonial society. ^ The final charges against Viceroy Conde del Villar, as well as their impact on the political career of those involved in the accusations, reveal that situations today understood to constitute bribery had a different meaning in the context of a patrimonial order. ^

Negotiating identities, striving for state recognition: Blacks in Córdoba, Argentina 1776–1853

Race in Argentina played a significant role as a highly durable construct by identifying and advancing subjects (1776–1810) and citizens (1811–1853). My dissertation explores the intricacies of power relations by focusing on the ways in which race informed the legal process during the transition from a colonial to national State. It argues that the State’s development in both the colonial and national periods depended upon defining and classifying African descendants. In response, people of African descendent used the State’s assigned definitions and classifications to advance their legal identities. It employs race and culture as operative concepts, and law as a representation of the sometimes, tense relationship between social practices and the State’s concern for social peace. This dissertation examines the dynamic nature of the court. It utilizes the theoretical concepts multicentric legal orders that are analyzed through weak and strong legal pluralisms, and jurisdictional politics, from the late eighteenth to early nineteenth centuries. This dissertation juxtaposes various levels of jurisdiction (canon/state law and colonial/national law) to illuminate how people of color used the legal system to ameliorate their social condition. In each chapter the primary source materials are state generated documents which include criminal, ecclesiastical, civil, and marriage dissent court cases along with notarial and census records. Though it would appear that these documents would provide a superficial understanding of people of color, my analysis provides both a top-down and bottom-up approach that reflects a continuous negotiation for African descendants’ goal for State recognition. These approaches allow for implicit or explicit negotiation of a legal identity that transformed slaves and free African descendants into active agents of their own destinies.

The influence of the cross -race effect on lineup construction and fairness

Lineup procedures have recently garnered extensive empirical attention, in an effort to reduce the number of mistaken identifications that plague the criminal justice system. Relatively little attention, however, has been paid to the influence of the lineup constructor or the lineup construction technique on the quality of the lineup. This study examined whether the cross-race effect has an influence on the quality of lineups constructed using a match-to-suspect or match-to-description technique in a series of three phases. Participants generated descriptions of same- and other-race targets in Phase 1, which were used in Phase 2. In Phase 2, participants were asked to create lineups for own-race targets and other-race targets using one of two techniques. The lineups created in this phase were examined for lineup quality in Phase 3 by calculating lineup fairness assessments through the use of a mock witness paradigm. ^ Overall, the results of these experiment phases suggest that the race of those involved in the lineup construction process influences lineups. There was no difference in witness description accuracy in Phase 1, which ran counter to predictions based on the cross-race effect. The cross-race effect was observed, however, in Phases 2 and 3. The lineup construction technique used also influenced several of the process measures, selection estimates, and fairness judgments in Phase 2. Interestingly, the presence of the cross-race effect was in the opposite direction as predicted for some measures in both phases. In Phase 2, the cross-race effect was as predicted for number of foils viewed, but in the opposite direction for average time spent viewing each foil. In Phase 3, the cross-race effect was in the opposite direction than predicted, with higher levels of lineup fairness in other-race lineups. The practical implications of these findings are discussed in relation to lineup fairness within the legal system. ^

Lucumí (Yoruba) culture in Cuba: A reevaluation (1830s -1940s)

The status, roles, and interactions of three dominant African ethnic groups and their descendants in Cuba significantly influenced the island's cubanidad (national identity): the Lucumís (Yoruba), the Congos (Bantú speakers from Central West Africa), and the Carabalís (from the region of Calabar). These three groups, enslaved on the island, coexisted, each group confronting obstacles that threatened their way of life and cultural identities. Through covert resistance, cultural appropriation, and accommodation, all three, but especially the Lucumís, laid deep roots in the nineteenth century that came to fruition in the twentieth. During the early 1900s, Cuba confronted numerous pressures, internal and external. Under the pretense of a quest for national identity and modernity, Afro-Cubans and African cultures and religion came under political, social, and intellectual attack. Race was an undeniable element in these conflicts. While all three groups were oppressed equally, only the Lucumís fought back, contesting accusations of backwardness, human sacrifice, cannibalism, and brujería (witchcraft), exaggerated by the sensationalistic media, often with the police's and legal system's complicity. Unlike the covert character of earlier epochs' responses to oppression, in the twentieth century Lucumí resistance was overt and outspoken, publically refuting the accusations levied against African religions. Although these struggles had unintended consequences for the Lucumís, they gave birth to cubanidad's African component. With the help of Fernando Ortiz, the Lucumí were situated at the pinnacle of a hierarchical pyramid, stratifying African religious complexes based on civilizational advancement, but at a costly price. Social ascent denigrated Lucumí religion to the status of folklore, depriving it of its status as a bona fide religious complex. To the present, Lucumí religious descendants, in Cuba and, after 1959, in many other areas of the world, are still contesting this contradiction in terms: an elevated downgrade.

The Creation and Evaluation of Novel Canine Training Aids for Cocaine Using Molecularly Encapsulated Sol-Gel Polymers and an Investigation of Canine Field Accuracy

Biological detectors, such as canines, are valuable tools used for the rapid identification of illicit materials. However, recent increased scrutiny over the reliability, field accuracy, and the capabilities of each detection canine is currently being evaluated in the legal system. For example, the Supreme Court case, State of Florida v. Harris, discussed the need for continuous monitoring of canine abilities, thresholds, and search capabilities. As a result, the fallibility of canines for detection was brought to light, as well as a need for further research and understanding of canine detection. This study is two-fold, as it looks to not only create new training aids for canines that can be manipulated for dissipation control, but also investigates canine field accuracy to objects with similar odors to illicit materials. It was the goal of this research to improve upon current canine training aid mimics. Sol-gel polymer training aids, imprinted with the active odor of cocaine, were developed. This novel training aid improved upon the longevity of currently existing training aids, while also provided a way to manipulate the polymer network to alter the dissipation rate of the imprinted active odors. The manipulation of the polymer network could allow handlers to control the abundance of odors presented to their canines, familiarizing themselves to their canine’s capabilities and thresholds, thereby increasing the canines’ strength in court. The field accuracy of detection canines was recently called into question during the Supreme Court case, State of Florida v. Jardines, where it was argued that if cocaine’s active odor, methyl benzoate, was found to be produced by the popular landscaping flower, snapdragons, canines will false alert to said flowers. Therefore, snapdragon flowers were grown and tested both in the laboratory and in the field to determine the odors produced by snapdragon flowers; the persistence of these odors once flowers have been cut; and whether detection canines will alert to both growing and cut flowers during a blind search scenario. Results revealed that although methyl benzoate is produced by snapdragon flowers, certified narcotics detection canines can distinguish cocaine’s odor profile from that of snapdragon flowers and will not alert.

The creation and evaluation of novel canine training aids for cocaine using molecularly encapsulated sol-gel polymers and an investigation of canine field accuracy

Biological detectors, such as canines, are valuable tools used for the rapid identification of illicit materials. However, recent increased scrutiny over the reliability, field accuracy, and the capabilities of each detection canine is currently being evaluated in the legal system. For example, the Supreme Court case, State of Florida v. Harris, discussed the need for continuous monitoring of canine abilities, thresholds, and search capabilities. As a result, the fallibility of canines for detection was brought to light, as well as a need for further research and understanding of canine detection. This study is two-fold, as it looks to not only create new training aids for canines that can be manipulated for dissipation control, but also investigates canine field accuracy to objects with similar odors to illicit materials. ^ It was the goal of this research to improve upon current canine training aid mimics. Sol-gel polymer training aids, imprinted with the active odor of cocaine, were developed. This novel training aid improved upon the longevity of currently existing training aids, while also provided a way to manipulate the polymer network to alter the dissipation rate of the imprinted active odors. The manipulation of the polymer network could allow handlers to control the abundance of odors presented to their canines, familiarizing themselves to their canine’s capabilities and thresholds, thereby increasing the canines’ strength in court.^ The field accuracy of detection canines was recently called into question during the Supreme Court case, State of Florida v. Jardines, where it was argued that if cocaine’s active odor, methyl benzoate, was found to be produced by the popular landscaping flower, snapdragons, canines will false alert to said flowers. Therefore, snapdragon flowers were grown and tested both in the laboratory and in the field to determine the odors produced by snapdragon flowers; the persistence of these odors once flowers have been cut; and whether detection canines will alert to both growing and cut flowers during a blind search scenario. Results revealed that although methyl benzoate is produced by snapdragon flowers, certified narcotics detection canines can distinguish cocaine’s odor profile from that of snapdragon flowers and will not alert.^

A case study of the development of the Argentinean community college system

In the 1980's and 1990's, Argentina was undergoing significant political, social and economic changes as a result of the change over from a military driven government to elected governments. A major aspect of the change was an increased emphasis on privatization, and promotion of foreign and domestic investment in Argentina. Higher education leaders were increasingly drawn into developing a national strategy for changing the educational structure to help facilitate changes in other aspects of the society. Preliminary reviews by the Argentinean higher education leaders indicated that adaptation of the American community college promised to help achieve the national goals. ^ The purpose of this study was to determine: if and how the community college concept, an American invention, could be adapted to function in Argentina, a nation with a significantly different history of political, social, cultural and economic development. Achieving this purpose involved: identifying the key leaders in the movement that developed to apply the community college concept in Argentina; the study of their perspectives regarding the movement as it developed; and tracking the assistance given by selected American community college leaders. ^ The case study method was employed in this research, using interview and historical data collection. Key leaders from higher education in the United States and Argentina were interviewed in-depth, to determine their views. An interview protocol with appropriate sub-questions was followed to ensure complete coverage. The interviewees identified several major areas of education in need of change including, the system, access to the system, new areas of study, integration into the hemisphere and, in general, decentralization. Historical review revealed a steady development of the community college concept in Argentina reflected in documentation of events, conceptual writings and legal structures. ^ It was concluded that there is a community college structure beginning to emerge that, so far, in broad outline, follows the structure developed in the United States. It is anticipated however, that future developments will include conceptual aspects to the model reflective of Argentina. ^

The Exclusion of Race From Mandated Continuing Legal Education Requirements: A Critical Race Theory Analysis

The purpose of this paper is to critique the system of CLE using Critical Race Theory as an analytical lens in an effort to reveal possible reasons for the exclusion of bias and discrimination from CLE offerings in the legal profession.

The Lack of a Structured Universal Healthcare System in the United States: How This Affects the Lives of Millions of Americans and What Can Be Done About It

The purpose of this research is to explore on a deeper level the healthcare system of the United States, its background, and other factors that could provide possible solutions to simplify the fragmented healthcare system. The ultimate goal is the formation of concise ideas that could make the system, which prevents millions of Americans from obtaining adequate medical attention, substantially better. The paper will offer a better insight into the four different models of healthcare insurance found around the world in other developed countries with the purpose of establishing a comparison with that of the United States. The changes implemented by the Patient Protection and Affordable Care Act of 2010 are also analyzed to arrive at the conclusion of whether it has helped more American citizens get access to medical attention. Quality Improvement tools and thorough analysis of different methods from a financial, managerial, legal, and administrative perspective are used to provide valuable information that could aid in the implementation of modifications to the healthcare system of the United States in the near future.