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Testing The Assumptions Of The Provocation Doctrine, Carlton J. Patrick

Open Access Theses

The provocation doctrine, which mitigates the punishment for killings made “in the heat of passion,” is a longstanding and often criticized area of United States law. At the crux of these criticisms is the doctrine’s imprecision: courts and lawmakers continue to struggle to both delineate specific standards for its application and to offer a satisfying rationale for its continued existence. Here, we use an evolutionary-computational model of anger and intimate partner violence to inform these problems. Using the archetypal case of provocation—a male discovering his partner’s infidelity—we surveyed 1,939 males to address and test two of the doctrine’s core assumptions: …

Effective Social Media Use By Law Enforcement Agencies: A Case Study Approach To Quantifying And Improving Efficacy And Developing Agency Best Practices, David T. Snively

Master of Public Administration Practicums

In the wake of protests against law enforcement for an array of reasons, law enforcement officers and agencies have a responsibility to recognize and utilize the available mediums of communication with which they may best develop a connection to the communities they serve. Furthermore, law enforcement agencies must be informed that established, traditional methods of news dissemination – such as press conferences and printed articles – are now both ineffective and under-utilized, replaced in large part by social media live-time reports. For that reason, law enforcement agency executives must address both the responsibility to provide appropriately timed updates to critical …

Lost In Translation? The Difference Between Hearsay Rule's Historical Rationale And Practical Application, Christopher Lloyd Sewrattan

LLM Theses

An examination of the difference between the hearsay rules historical rationale and current application. The analysis occurs in three steps. In section 1, the historical rationale of the hearsay rule is identified through a reconciliation of competing theories. Section 2 analyses the difference between the hearsay rules historical rationale and the application of the exclusionary hearsay rule. Section 3 analyses the difference between the hearsay rules historical rationale and the application of some categorical hearsay exceptions.

Overall, the thesis finds that the hearsay rules historical rationale has three aspects: concern with the inherent reliability of hearsay evidence, concern with procedural …

Legal Anarchism: Does Existence Need To Be Regulated By The State, Sirus Kashefi

PhD Dissertations

This thesis asks does existence need to be regulated by the State? The answer relies on legal anarchism, an interdisciplinary, particularly criminal law and philosophy, and unconventional research project based on multiple methodologies with a specific language. It critically analyzes and consequently rejects State law because of its unjustified and unnecessary nature founded on unlimited violence and white-collar crime (Chapters 1-4), on the one hand, and suggests some alternatives to the Governmental legal system founded on agreement and peace (Chapter 5), on the other hand. It furthermore takes into account the elements of time and space, which means the ecological, …

Evaluating The Prevalence And Effectiveness Of Breed-Specific Legislation, Felicia E. Trembath

Open Access Dissertations

Dog bites pose a persistent public health problem, which some jurisdictions pass breed-specific legislation (BSL) to address. However, very little non-anecdotal evidence regarding the efficacy of BSL has been presented. Currently, BSL research is hampered by the absence of standard terminology, an established prevalence, or a scientific consensus on its effectiveness. The purpose of this study is to propose standardized terminology for BSL, establish the prevalence of each type of BSL in the USA, and conduct a systematic review of the effectiveness of BSL.

After review of terminology currently in use, as well as review of the regulatory actions of …

Resolving Dilemmas In Canadian Class Actions By Reconsidering Private Law Principles, Stephanie Sugar

Electronic Thesis and Dissertation Repository

Class actions cases illuminate the theoretical underpinnings of private law in a way that traditional two-party litigation does not. Many class actions deal with plaintiffs who have not suffered a large loss (or a quantifiable monetary loss at all), or the defendant has made profits that are disproportionately greater than the plaintiffs’ compensable loss (if any). Applying orthodox principles of private law and negligence to these cases results in barring plaintiffs from recovery despite their rights being violated and defendants not disgorging profits made from wrongdoing. The solution resolving these dilemmas should not be to create separate law only applicable …

Real Estate Investment Trusts In Canada, Samita Pachai

Electronic Thesis and Dissertation Repository

The Canadian real estate investment trust (REIT) industry began in the early 1990s and, over the past twenty years, the legislative landscape governing REITs has changed dramatically. This dissertation examines how REIT legislation has progressed in Canada and the effects it has had on the industry as a whole. After examining the basic characteristics of a REIT, an overview of the legislative evolution is presented. This thesis argues that recent legislation has been successful in allowing REITs to flourish, with 48 public equity REITs now trading in Canada comprising a market capitalization of over CAD 50 billion. A thorough examination …

Statelessness And Human Trafficking: A Case Study Of Haitian-Dominicans, Anabel Reyes-Ovalles

Honors Theses

This thesis explores whether stateless persons are more vulnerable to human trafficking and why. My primary example will be the 2013 Dominican Republic Supreme Court ruling, which rendered Haitian-Dominicans stateless. To understand current Dominican Republic-Haiti relations, this thesis addresses contentious historical accounts of these countries’ relations, particularly from the 1960’s to 2015. This case study will focus on the vulnerable relationship of citizens to a state, specifically the vulnerability of defacto statelessness versus dejure statelessness. I argue that dejure statelessness is a particularly severe condition that contributes to human trafficking. This thesis draws upon both primary and secondary sources including, …

Divorce Devastates: Do State Divorce Laws Have An Effect On Women's Economic Well-Being?, Ann Cantwell

Honors Theses

Divorce devastates a family, and with over 40% of first marriages ending in divorce in the United States, it is important to analyze the effect divorce has on each member of the family. This paper aims specifically at the economic effect of divorce on women, and furthermore, if the implementation of a no-fault divorce clause in state law has negatively impacted women’s wellbeing. Women’s well-being is determined by annual income divided by annual need. The study looks at three different state divorce laws surrounding fault—fault-based, no-fault as the only option, and no-fault as grounds for divorce—as well as variance due …

The Backdoor To The Digital Realm, Jessica Peregrina

Capstone Projects and Master's Theses

The essay, The Backdoor to Privacy in the Digital Realm focuses on the tension that emerges when technological innovations and the right to privacy are tested in a court of law.

Claiming The State: The Impact Of Human Rights Education And Legal Mobilization On Ghanaian Political Subjectivity, Catherine F. Buerger

Doctoral Dissertations

In this dissertation, I investigate the relationship between human rights participation and political subjectivity in Ghana. Specifically, I address two primary questions: 1) does participation in human rights-based activities have an impact on individual beliefs about democracy and the state? And, 2) if so, how do these altered beliefs manifest themselves in behavioral changes, including the way that individuals advance claims, settle disputes, and talk about the responsibilities of the state? To answer these questions, I conducted 12 months of ethnographic fieldwork in two low-income communities in Accra, Ghana. I argue that participating in human rights activities has had a …

The Influence Of Gender And Language Complexity On The Credibility Of Expert Witness Testimony, Darcy Egan

Undergraduate Theses

With the increased use in expert witness testimony in civil trials, the decisions that jury members have made based on those testimonies have become very controversial. Previous research indicates that when a testimony is particularly complex, mock jurors will rely on cues outside the content of the testimony in order to determine the credibility of the witness. Research shows that there are different cues that are associated with higher credibility the expert. Common cues include the gender, occupation, and level of language complexity of the expert witness. This study used these three different cues as the independent variables, with two …

The Effectiveness Of California Assembly Bill 2109: Personal Belief Exemptions For Kindergarten Immunizations, Lilli Shizuka Goishi-Bessey

Doctoral Projects

The numbers of vaccine preventable diseases (VPDs) in the United States has declined with the development, administration, and effectiveness of vaccines during the 1970s and 1980s. As the eminent threat of VPDs to the public began to wane, parents started questioning the safety and necessity of vaccines. When parents were given the option of selecting personal belief exemption (PBE) waivers for state mandated immunizations for their incoming kindergarten children, an increase in PBEs and the number of VPD outbreaks began to occur. To counter the growing trend of PBEs, and to prevent outbreaks of VPDs in school settings and communities, …

Conscience Collisions: The Search For Public Policy Solutions To The Problem Of Doctrine In Medicine, Christina M. Claxton

Senior Theses and Projects

No abstract provided.

Richard A. Posner: A Study In Judicial Entrepreneurship, Sean J. Shannon

Dissertations, Theses, and Capstone Projects

This dissertation analyzes the role of Richard Posner, one of the most prolific and innovative legal thinkers over the past forty years, as a judicial entrepreneur in his efforts to persuade the legal academy and judiciary to incorporate economic principles into the judicial decision making process in market and non-market areas of the law and legal discourse and thereby to re-examine the role of the judge. Though political scientists have explored the entrepreneurial activities of policy makers and political actors, they have given little attention to the role of judges as judicial entrepreneurs. This dissertation develops a comprehensive theoretical understanding …

Calibrating The Justice System, Ashley A. Ulferts

Honors Theses

By surveying a pool of judges in the State of Illinois, their rationale within a hypothetical situation is analyzed against the backdrop of recent contradicting court decisions and the history of law. It is through analyzing this rationale that the factors that tip the scales of justice can be identified, so that actions can be taken to correct our legal system to ultimately uphold the standards of truth and justice it claims to support.

Veterans Treatment Courts: Pure Pretextualism Or A Venue For Veterans' Needs?, John William Erickson Jr.

School of Criminal Justice Theses and Dissertations

The intended goals of Veterans Treatment Courts (VTCs) are consistent with what drove the establishment of Drug Courts and Mental Health Courts in the ‘90s. That is, a recognition that the traditional criminal justice system is geared toward punitive court dispositions; not the unique characteristics of addicts and/or mental health defendants (G. Lerner-Wren, personal communication, January 12, 2015). For example, In Dade County, Florida, a former U.S. Attorney, then the Dade County State Attorney, recognized that reform was necessary to avoid the criminalization of drug addiction; given the high prevalence of cocaine abuse. Today, U.S. Military Veterans returning from Iraq …

A Case For Cooperation: How A Binational Agreement Between The U.S. And Mexico Can Alleviate The Rapid Drawdown Of The Mesilla And The Hueco Aquifer, William Lynch Vallee

Open Access Theses & Dissertations

This study examines ways to mitigate the depletion of the Hueco and the Mesilla aquifers in the Paso Del Norte region of the United States and Mexico through a binational legal agreement. By examining the history of cooperation and disagreement between the two nations and extrapolating from three case studies (The Nubian Sandstone Aquifer, The Mountain Aquifer, and The Guarani Aquifer) the research concludes that an agreement is indeed possible and lays out a plan to implement changes.

Exploring The Coping Strategies Of Female Urban High School Seniors On Academic Successes As It Relates To Bullying, Brenda Elaine Brooks-Turner

ETD Archive

Bullying has become a worldwide problem of pandemic proportion and degree. (Thomas, Bolen, Heister & Hyde, 2010). In the United States over thirty-five percent of school-aged students were directly involved in bullying incidents. Tragic news stories about suicides and school violence raised awareness about the importance of addressing this global issue (Van Der Zande, 2010). To date reports further indicate that more females are involved in indirect relational bullying than males. Unfortunately, as technology becomes more and more accessible, relational bullying has become one of the fastest growing epidemics (Brinson, 2005; Rigby & Smith, 2011).

Current research explanations were limited …

Implementation Procedures For Puerto Rico's Environmental Laws, Sara Enid Camerón

Walden Dissertations and Doctoral Studies

In 2004, Puerto Rico's new environmental legislation became part of the penal code with the intention of protecting the island nation's natural resources through criminal prosecution. However, the problem is a dearth of information about the prosecutions of environmental crimes and the law enforcement agent's implementation practices. The purpose of this study was to describe the execution of the law and the few cases prosecuted. Lipsky and Hull and Hjern's theory of implementation were used to help answer the research question: What are the implementation procedures of law enforcement agents on Puerto Rico's environmental crimes law, and what can be …

The Political Implications Of Felon Disenfranchisement Laws In The United States, Katharine G. Connaughton

CMC Senior Theses

This empirical study analyzes the political implications for presidential election outcomes that stem from varying felon disenfranchisement laws within the United States. In the past decade incarceration rates have drastically increased, consequently augmenting the disenfranchised population. This paper focuses on presidential election outcomes and state political party majorities in the election years 2000, 2004, 2008, and 2012. I use demographic characteristics to calibrate assumptions for voter turnout and political party choice among the disenfranchised populations within each state. I then apply these voting populations to historical election outcomes and find that three state political party outcomes change, as well as …

"Only Steers And Queers Come From Texas": The Texas Sodomy Statutes And The Making Of An Other, 1860-1973, Jecoa Ross

Open Access Theses & Dissertations

This Thesis explores the history of sodomy as it has been conceptualized through the creation and enforcement of the Texas sodomy statutes between 1860 and 1973. In analyzing state court cases, legislative records, and newspaper accounts, I argue that the evolution of the concept of sodomy from its inception as a broad criminal category in the 1860 Texas sodomy statute to its more-narrow conceptualization by Texas legislators as a behavioral characteristic of homosexual status in the 1973 homosexual conduct statute was a political and historically contingent process. This process was political firstly in that it allowed for the construction of …

Religious And Secular Discourses In Twentieth Century Australian Parliamentary Debates, Josip Matesic

University of Wollongong Thesis Collection 1954-2016

This thesis examines Australian debates over the legalisation of cremation in the late nineteenth and early twentieth centuries; the liberalisation of Sabbatarianism or Sunday entertainment in the 1960s; and the legalisation of ‘no fault’ divorce in 1975. In doing so it argues that from the late nineteenth century, through to the 1970s, there were a series of legal changes regarding social practices in Australian society. While each of these social practices had Christian roots the thesis argues that in each of the parliamentary debates, religious arguments could not ultimately convince the parliamentarians to preserve the laws. Instead religious appeals and …

The Impact Of The Universal Basic Education Program In Addressing Rural Secondary School Drop Outs, Chinwe Anwuli Mordi

Walden Dissertations and Doctoral Studies

The Universal Basic Education (UBE) was designed to address the social problem of drop outs in secondary schools, but dropout rates in secondary schools are still at a 42% high in Enugu State, Nigeria. This study sought to understand teachers' perceptions of the program, the ways the UBE impacted the dropout problem, and what could be done to the UBE program to make it more effective. This study provided an important contribution to the literature, as it examined an often neglected perspective: the input of teachers in the field, as opposed to those of policy planners at the top. The …

Evaluation Of Tattoo Artists' Perceptions Of Tattoo Regulations In The United States, Jessica L.C. Sapp

Electronic Theses and Dissertations

Background: With the increasing popularity in recent years, tattoos are no longer considered taboo but rather becoming a mainstream mode of self-expression so the inherent risks associated with tattooing could have a greater impact on the public’s health.

Objective: The study aims to gain an understanding and describe the perceptions and opinions of tattoo artists regarding tattoo regulations in the United States.

Methods: Data were collected through an online survey using a descriptive, survey research design. Survey responses were used from 1,315 study participants.

Results: There were 5 health policy related items evaluated: 1) tattoo artists should be licensed, 2) …

Constructing A River, Building A Border: An Environmental History Of Irrigation, Water Law, State Formation, And The Rio Grande Rectification Project In The El Paso/Juárez Valley, Joanne Kropp

Open Access Theses & Dissertations

The Rio Grande in the El Paso, Texas, U.S./Juárez, Chihuahua, Mexico, Valley has a long history of human use from prehistoric to modern times. Formal irrigation began in the 1600s, mainly for viticulture, changing to cotton and pecans in the 1900s. The Rio Grande was subject to bed shifting and flooding that, after 1848, affected the location of the international boundary. During the Great Depression the U.S. and Mexican governments sponsored conservation projects to provide jobs and increase agricultural production. The 1933 “Convention - Rectification of the Rio Grande” was the culmination of interstate and bi-national agreements to divide Rio …

For Better Or For Worse: An Exploration Of Law And Black Identity In America, Tareian Alexis King

Senior Projects Spring 2016

Senior Project submitted to The Division of Social Studies of Bard College.

A Future For A Forgotten Predator: Assessment Of The Global And Regional Legal Frameworks For Protection And Recovery Of The Caribbean Sawfishes Pristis Pristis And Pristis Pectinata And Recommendations For The Course Forward, Olga Koubrak

LLM Theses

Two species of sawfish, Pristis pristis and Pristis pectinata, used to be common in the coastal waters of the Caribbean Region. However, due to direct and incidental fishing pressures, national and international trade in body parts, and habitat loss, the populations of these ecologically and culturally significant species have drastically declined. This thesis identifies and reviews global and regional, binding and non-binding legal instruments in effect in the Caribbean Region that encourage states to protect biodiversity in general or address identified threats to sawfishes specifically. Despite the presence of obligations that call upon states to adopt sawfish conservation and habitat …