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The Impact Of State Legislative Activity On Judicial Independence, Alec Haas

Williams Honors College, Honors Research Projects

The role of judicial officials to release independent decisions remains a vital component to the very existence of the judicial branch. However, due to disagreement over various individual court’s interpretation of their respective state constitution, numerous state legislatures have begun to introduce bills that significantly weaken state judiciaries. Many of these bills have statutes that lower the burden for judicial impeachment, remove jurisdiction over subject matter, change the election system for judicial officials, reduce the resources of the court, and introduce politics into seemingly non-partisan matters. Influenced by the passage of bills that weaponize state legislatures against the courts, this …

Tribal Sovereignty And Native American Women’S Rights In The Wake Of Castro-Huerta, Erin Geraldine Demarco

Senior Theses and Projects

This thesis will primarily examine the sexual assault crisis Native American women face and the jurisdictional issues that influence whether and how tribes prosecute and punish perpetrators. Federal Indian policy and various Supreme Court cases have increasingly undermined tribal sovereignty over the past few centuries, resulting in tribal governments lacking the ability to respond to sexual violence against their members. Native women who experience sexual violence often find themselves entangled in a complex web of jurisdictional issues, resulting in a lack of clarity about which government body has authority. As a result, their cases are frequently left unprosecuted, denying them …

Omar Effendi Vs. Union Fenosa: Corruption As A Transnational Public Policy Consideration, Ahmed Badr Eldin

Theses and Dissertations

At the beginning of 2011, Egypt witnessed radical political developments that led to the emergence of a pressing tendency to adjudicate the collapsed regime’s policies and practices. Shortly thereafter, the Egyptian State Council issued a number of judicial decisions that confirmed that the sale of the privatized governmental enterprises had been tainted by corruption. Crucially, the Court maintained that flagrant breach of law, regulations, and administrative orders that encompassed these transactions created serious suspicions about corruption committed by public officials and investors. It concluded that the existence of corruption, as a transnational public policy consideration, had deprived foreign investors of …

"Gone, But Never Forgotten:" Missing And Murdered Indigenous Women And Girls In The United States, Julianna Kramer

Honors Theses

Native women and girls in the United States are twice as likely to be sexually assaulted compared to white women, and murder rates on certain reservations can be tenfold higher than the national average. This pervasive violence traces back to colonialism. Native women have historically been abused, exploited, and neglected by America’s institutions, and lasting prejudice against Native peoples endures.

The United States government has stripped tribal governments of their ability to seek justice for their women. The Major Crimes Act of 1885, Proclamation 280, and the Oliphant v. Suquamish Indian Tribe (1978) decision place responsibility for investigating and prosecuting …

Internet Jurisdiction: Using Content Delivery Networks To Ascertain Intention, Patrick Lin

LL.M. Essays & Theses

Specific jurisdiction in civil litigation centers on the rather general,yet immutable, concept of intention. Although the word “intention” does not surface prominently in the personal jurisdiction case law, it is clearly intrinsic to the concept of “purposeful availment”. On the Internet, however, intention is hard to ascertain: how does a court, for example, determine whether the defendant intended that its website, application, or advertisement within a mobile application should end up in the forum state? In answering such a question, courts have historically used one of two approaches to establish intent: (i) a targeting test or (ii) a degree of …

Status Of The Profession Of United States Emergency Management: An Exploratory Analysis Based On Select Attributes Of Occupational Closure, Timothy Wayne Sevison

Dissertations

Emergency management as a concept has been evolving since the early 19th century, but the occupation of emergency management, and discourse concerning professional status has primarily occurred within the last 30 years. This dissertation is an exploratory analysis of the current status of the profession of United States emergency management based on perceptions of leaders from state level emergency management organizations and state level emergency management professional organizations. A mixed methods approach (survey instrument, open-source data collection, semi-structured interviews) was utilized to explore the perceptions of emergency management leaders on two key attributes of occupational closure: control of entry into …

Certification Of Legal Questions To The Utah Supreme Court, David Nuffer

Duke Law Master of Judicial Studies Theses

For 30 years, federal courts have certified questions of state law to the Utah Supreme Court. This thesis examines the history and utility of the process and recommends changes to the process in the federal district court and in the Utah Supreme Court.

The current focus of federal judges in certifying questions is on utility for the case before the court. But certification of questions from a federal court to a state court is an expression of federalism—a humble acknowledgment by a federal authority which is often regarded as supreme that the state is the proper and best authority to …

Securitizing Schooling: Post-Secondary Campuses As Security Projects, Andrea Corradi

Theses and Dissertations (Comprehensive)

Societal pressure to increase security after violent incidents on post-secondary campuses such as the Virginia Tech shooting in 2007, combined with the pressure for universities to have high recruitment rates, has led to an emerging climate of security on campuses across North America. The present study uses Valverde’s (2001; 2008; 2009; 2011a; 2011 b; 2014) security projects framework to examine the lived experiences of security measures on a Canadian urban-integrated campus. Through semi-structured interviews with administrators, campus police officers, students, and faculty, and constructivist grounded theorizing, this study provides an in-depth examination of security from multiple perspectives within one institution. …

Convergence Or Divergence Of Values? A Comparison Case Study Of Teacher Credentialing Programs, Rachel Homel Rice Phd

Dissertations

Educational commentators have long debated whether or not public school teaching is a profession. The definition of a profession is commonly anchored in Andrew Abbott's criteria, which include knowledge (specialized and academic), jurisdiction (diagnosis, treatment, professional inference), and control (ethics, professional organizations, licensure). Teachers in most states need to complete credentialing programs to be licensed. The purpose of this study was to explore what teacher credentialing programs at three diverse universities are doing to build teaching as a profession. The guiding research questions were: (1) What is the relationship between teacher credentialing programs and the professionalization of teaching? (2) What …

The March Of Judicial Cosmopolitanism And The Legacy Of Enemy Combatant Case Law, Madalina Lulia Sontrop

LLM Theses

This thesis explores the concept of judicial cosmopolitanism and its prevalence in enemy combatant case law. The author draws upon the theoretical and philosophical underpinnings of cosmopolitanism and cosmopolitan law to describe judicial cosmopolitanism as form of legal discourse through which judges show a willingness to extend constitutional protections based on a contemporary, functional understanding of sovereign jurisdiction. The purpose of this work is to address the correlation between enemy combatant jurisprudence and the aforementioned understanding of judicial cosmopolitanism. It is argued that a march of judicial cosmopolitanism developed early in enemy combatant cases, and that it came to a …