Law Commons^™

The End Of The Road: Violence Against Alaska Native Women And Indigenous Jurisprudence, Molly Simons

Senior Theses and Projects

Native communities are plagued by violence against Native women, often violence committed by non-Native people; in Alaska, Native women are overrepresented among domestic violence victims by 250%. Recent expansions to Tribal court jurisdiction have reauthorized Tribal courts to try non-Native defendants who commit crimes against Native people, a huge step in securing the safety of Native communities. There are, however, challenges to implementing this jurisdiction, challenges that are expounded by the geographical landscape in Alaska. This thesis aims to explore violence against Alaska Native women and the jurisdictional expansions granted to Tribal courts in an attempt to mitigate this violence …

A New Atticus Is Afoot: The Portrayal Of Lawyers In Popular Culture, Anna Thrush

Senior Theses

This project analyzes the stereotypical image of lawyers in popular culture, focusing on either overly demonic or unrealistically heroic. Both stereotypes that are common portrayals of attorneys in popular culture are unrealistic and deny society a true comprehension of the profession. Popular culture has molded the image of lawyers to the characteristics that sell, rather than focusing on a realistic portrayal. Therefore, popular culture creates a falsely dramatized image of attorneys to generate revenue, putting the reputation and future of the profession as risk. These stereotypes are exemplified in this project through a close literary analysis of lawyer characters from …

Children And The Cold War: Race & Hypocrisy Amid Fear Of Nuclear War, Richard D. Mctaggart Jr.

Theses and Dissertations

During the Cold War, American propaganda centered the wellbeing of the child in its messaging warning of atomic attack at the hands of the Soviet Union. However, despite American claims that all children were valued by the United States, this was proven untrue by its unequal treatment of Black children.

From Fashion, To Violence, To A Forgotten Era: The Zoot Suit And Mexican-American Youth Culture In 1940’S America, Adelaide Iris Ord Treadwell

Senior Projects Spring 2023

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

Create Space–Create Communal Change: An Exploration Of Tactics Used By Augusta Savage And Theaster Gates, Ardel'paschal P. Sampson

Senior Projects Spring 2023

Senior Project submitted to The Division of Arts of Bard College.

The Problem Of Blackness In America: Becoming When The Being Never Comes To Be, Nkiru Anyaegbunam

Dissertations, Theses, and Capstone Projects

The problem of Blackness in America is a consequence of the historical reality and continued legacies of colonialism, the triangular trade and chattel slavery that have been facilitated through violence and capitalism. This thesis will argue that this problem that is pronounced through racialized institutional systems of violence such as mass incarceration and housing inequality, which disproportionately negatively impacts Black Americans is part of a larger discourse on the human and (mis)recognition. This violence has created a quintessential incompleteness for Black Americans who neither are recognized as citizens nor human. The problem of Blackness will be continuously grounded in this …

A Cleave Within The Piney Woods: Nacogdoches, Stephen F. Austin State University And How Racial Integration Divided The Town And Gown, Caitlin Hornback

Electronic Theses and Dissertations

Stephen F. Austin State University was once the pride and joy of the city of Nacogdoches, Texas. When the Texas State Legislature began to look for a location for their new state normal school, the people of the East Texas town fought to have it built there and the Stephen F. Austin Teacher’s College opened its doors in September 1923 to a proud community. Through the trials and tribulations of early twentieth century events, the school managed to stay afloat and grow in numbers. Dr. Ralph W. Steen became the president of the college in 1958 and he oversaw a …

Honor Thyself, Alonzo O. Williams

Dance (MFA) Theses

The black male experience and identity in America are filled with complexity. We struggle to know ourselves. We work to see the way of love and the peace of an unviolated free spirit. We want to engage with ourselves with the highest degree of freedom and comfort, not to continue to question our identity in a life-threatening white patriarchal masculinity ideal. Honoring oneself from the lenses of the Reconstruction era of the United States is essential. Reconceptualizing this history explores the significance of emphasizing Reconstruction in my life as a black male to go through a process of self-discovery and …

Breaking Free: Detectives Let The Guilty Walk, Cassandra Holcombe

All Master's Theses

In a genre like detective fiction, known for affirming social order, the refusal to enforce rule of law seems like an anomaly. The number of famous detectives who have let a perpetrator go suggests that release of suspects is not a break in genre conventions, but is a wider pattern that needs to be acknowledged. This study investigates that pattern by measuring the complexity of thirteen detectives: eleven of whom release perpetrators and two of whom do not, to serve as a control group. The higher the complexity of the character, the more human the character seems to be. The …

Improving Veteran Access; Status Of Operations Of The United States Department Of Veteran Affairs Work-Study Program, Kirk Allen

Electronic Theses, Projects, and Dissertations

The usage status of The U.S. Department Veterans Affairs Work-Study Program is examined. Beneficiary numbers from the Global, Unites States, State, and Local/County perspective are reviewed. While of essential value, the program suffers from a lack of scholarly research and government oversight, and is further hindered by restrictive administrative rules lived first-hand. Research suggests that the program is operating outside of accountability to the taxpayer, presents as unnecessarily/overly-restrictive in accessibility, and is underutilized. The program appears to not be serving all veterans to full potential.

The Work-Study Program is codified in Veterans Benefits', Title 38 United States Code, Part III, …

Existentially Guilty: Where Do I Go From Here?, Devontae Wilson

Master of Arts in English Plan II Graduate Projects

Teachers, students, parents, and even politicians have been forced to confront the by-products of not having difficult conversations about race and class. Political pundits are using this moment in history sparked by recorded injustice and the publicized murders of unarmed black people at the hands of law enforcement to demonize Critical Race Theory (CRT), a framework created to analyze how the law is racialized. This portfolio is largely a result of Dr. Rudine Sims-Bishop’s “Mirrors, Windows, and Sliding Glass Doors” and contextualizing it through my personal experience as a classroom teacher, as a black man in a majority white, female …

Oral Testimonies Of Female Emigrants From Northern Ireland: Finding The The Universal And Unique Stories Of Migration, Lisa Ahmed

International Development, Community and Environment (IDCE)

The purpose of this paper is to add a nuanced understanding to the study of women and migration. By using oral testimonies to conduct this narrative research study I was able to add to growing body of knowledge on women and migration. This study focused on women who arrived in the United States from Northern Ireland, for family the migration process started in Germany. The terms migration, emigration and immigration are used in the paper to describe people in movement within and across national borders. This narrative illustrates some of the consequences when nation states use their power to facilitate …

Victim Impact: The Manson Murders And The Rise Of The Victims’ Rights Movement, Merrill W. Steeg

University of New Orleans Theses and Dissertations

No abstract provided.

"They Would Do As They Pleased, As They Had The Power": Gender Violence And The American Settler-Colonial Project, 1830-1890, Noelle Iati

Women's History Theses

This thesis investigates the role of gender violence and sexual terror in westward settler expansion of the United States in the nineteenth century. I posit that gender violence was not simply a symptom of war and colonization, but an integral piece of the American colonization strategy. Using studies of three locations during three different periods, I have found that the local, territorial, state, and federal governments all actively deployed sexual assault and other forms of gendered terror as methods of removing Indigenous peoples to reservations and rancherías, opening their lands to settlement and resource exploitation for the purpose of acquiring …

Non-Indian Reservations, Joshua Matthew Rosenau

Graduate Student Theses, Dissertations, & Professional Papers

This thesis is a skeptical treatment of the logical distinctions presumed to exist between “Indian” and “non-Indian” people. Despite representing 99 percent of the U.S. population, “non-Indians” represent a legal identity which has no explicit definition. The basis for the U.S. Supreme Court’s decisions regarding non-Indians and Indians rests not on any objective, empirical or logical criterion or proof, but rather on the “assumption of a ‘guardian-ward’ status. This thesis investigates this assumption, and recommends that we suspend judgment on whether the difference between “Indians” and “non-Indians” can be determined either by logical argument or by legal assumption.

Controlled Observation: The Challenges Of Therapy For The Mentally Ill Incarcerated Population, Esther Tingué

Dissertations, Theses, and Capstone Projects

Popular perception and objective of incarceration is confinement, brutality and in some cases inhumane conditions. But what about the incarcerated population who suffer from the additional burden of mental illness? How does confinement affect mentally ill inmates? This capstone project asks: (1) how do individuals/organizations provide rehabilitative services in this evolved culture of crime and punishment? And (2) how is therapy provided in a restricted environment? I examine these questions from the perspective of the therapist, the person who (in a restricted environment) takes on the responsibility of treating and managing the effects of mental illness for this population.

"The Weak Are Meat, And The Strong Do Eat"; Representations Of The Slaughterhouse In Twentieth And Twenty-First Century Literature, Stephanie Lance

USF Tampa Graduate Theses and Dissertations

This dissertation explores how literary representations of the slaughterhouse predict the trajectory of human greed that is fueled by capitalist economic practices that shape environmental policies. I argue that literature brings attention to what is generally hidden from public view: the way humans and animals are erased in the production of food, which includes the inhumane treatment of humans and other animals in the slaughterhouse. The literature in this dissertation provides an avenue through which we can investigate the entangled oppression of humans and other animals in an effort to challenge perceptions that reduce animals, and marginalized humans, to objects. …

The Influence Of The Law In American Literature And Culture, Emily Johnson, Steven Hamelman

Honors Theses

This piece explores the relationship between law and its influence within American literature and the overall culture. Themes of discrimination, corruption, greed, advocacy, and incriminating evidence, present in the analyzed texts and films, greatly plays into the American public’s perception of their judicial system. Is it truly the law influencing American literature and culture, or is it the sentiments of the masses influencing the legal field itself? This work aims at analyzing this question, while also making a point to explain what American citizens can do with such influence and knowledge.

Cartel Practices And Policies In The World War Ii Era, Caleb Yoken

Honors Theses

The goal of this thesis is to examine cartels in the World War II era: how and why they operated, why they existed, and any assistance they may or may not have received from their respective governments. This thesis, in particular, will focus on three countries, the United States, Germany, and Britain. Cartels are typically defined through the lens of monopolized business activity that can deal with anything from petroleum and steel to pharmaceuticals, and take actions to restrict output and raise prices to eliminate their competition. The research finds that cartels that operated in Europe during this era were …

Contested Development: A Poor People's Movement For A Better Los Angeles, 1960–2018, Deshonay R. Dozier

Dissertations, Theses, and Capstone Projects

Zooming in on the historical development of Downtown Los Angeles’s (LA) Skid Row, this dissertation traces a continuity of abolitionist alternatives made by homeless and poor Angelinos from the 1960s to our present day. Skid Row is an important entry way into Los Angeles urban politics, particularly with respect to how forms of difference, at the axis of race, gender, class, and ability shape regional relations of property and the built environment. I show how these relations shape Downtown Los Angeles’s geography through carceral practices. These carceral practices, made by social services and policing, shape space by routinely containing and …

The Unsung Hero Character: A Harbinger Device Of Misfortune, Eutimio Talavera

Electronic Theses and Dissertations

This thesis introduces an obscure storytelling device, The Unsung Hero character, as one way of examining how movies function as stories. This character is often overlooked, as it frequently cloaks its idiosyncrasies, thus it lacks any apparent signs of internal conflict. This analysis foregrounds the character’s overall functionality, found only in rare instances and typically in the story of a movie. With effective implementation in a story, as a functional harbinger device, brief appearances of The Unsung Hero character demonstrate flashpoints or disclosures of a forthcoming misfortune in the story. This movie analysis shows how The Unsung Hero character functions …

Constraint And Control, Patricia Ayres

Theses and Dissertations

I have long considered themes of the body. Drawing on my knowledge as a fashion designer, I bring materials and hardware from the fashion industry into my artwork transforming and rendering them non-functional. My sculptures relate to stories of isolation, separation, and confinement. The following pages will analyze how the United States penal system controls, constrains and restricts the body through physical and psychological wounds. Furthermore, they will examine how the Catholic Church controls people’s minds and behavior through a ritualistic belief system.

The Politics Of Wounds, Jonathan Nash

Electronic Thesis and Dissertation Repository

What configuration of strategies and discourses enable the white male and settler body politic to render itself as simultaneously wounded and invulnerable? I contextualize this question by reading the discursive continuities between Euro-America’s War on Terror post-9/11 and Algeria’s War for Independence. By interrogating political-philosophical responses to September 11, 2001 beside American rhetoric of a wounded nation, I argue that white nationalism, as a mode of settler colonialism, appropriates the discourses of political wounding to imagine and legitimize a narrative of white hurt and white victimhood; in effect, reproducing and hardening the borders of the nation-state. Additionally, by turning to …

Radical Social Ecology As Deep Pragmatism: A Call To The Abolition Of Systemic Dissonance And The Minimization Of Entropic Chaos, Arielle Brender

Student Theses 2015-Present

This paper aims to shed light on the dissonance caused by the superimposition of Dominant Human Systems on Natural Systems. I highlight the synthetic nature of Dominant Human Systems as egoic and linguistic phenomenon manufactured by a mere portion of the human population, which renders them inherently oppressive unto peoples and landscapes whose wisdom were barred from the design process. In pursuing a radical pragmatic approach to mending the simultaneous oppression and destruction of the human being and the earth, I highlight the necessity of minimizing entropic chaos caused by excess energy expenditure, an essential feature of systems that aim …

The Unsuspected Francis Lieber, Richard Salomon

Dissertations, Theses, and Capstone Projects

"The Unsuspected Francis Lieber" examines paradoxes in the life and work of Francis Lieber. Lieber is best known as the author of the 1863 "Lieber Code," the War Department's General Order No. 100. It was the first modern statement of the law of armed conflict. This paper questions whether the Lieber Code was truly humanitarian, especially in view of its valorization of military necessity. Also reviewed is the contrast between the Code's extraordinarily favorable treatment of African-Americans and Lieber's personal history of slave-holding.

Lieber's shift from civil libertarian to authoritarian after 1857, as exemplified by his support of Lincoln's suspension …

The Heart Of K'E: Transforming Dine Special Education And Unsettling The Colonial Logics Of Disability, Sandra Yellowhorse

American Studies ETDs

This paper takes up the roles of ideology and spatiality as they impact Diné students and learners in understanding conceptions of normativity, neuro-diversity and bodily variance. I am concerned with how the movement and creation of Indigenous schools and their praxis still maintain and often times produce settler colonial ideologies of being, personhood, difference and ability. I illustrate the challenges that Diné planners and educators face in entrenching cultural knowledge and language into their educational initiatives, while some of the problematic manifestations and expressions of normativity present themselves through state polices, federal law and mainstream curriculum.

I focus on the …

What Does It Mean To Belong In San Antonio? How The Battle Of The Alamo And The Cart Wars Shaped What It Means To Be American Through The Institutionalization Of Discrimination And Violence Toward Those Of Mexican Descent, Madison Endesha Sharp-Johnson

Senior Projects Spring 2018

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

In Media Res, Christopher Andrew Sisk

Theses and Dissertations

We are inundated by a constant feed of media that responds and adapts in real time to the impulses of our psyches and the dimensions of our devices. Beneath the surface, this stream of information is directed by hidden, automated controls and steered by political agendas. The transmission of information has evolved into a spiral of entropy, and the boundaries between author, content, platform, and receiver have blurred. This reductive space of responsive media is a catalyst for immense political and cultural change, causing us to question our notions of authority, truth, and reality.

Stay Woke, Langston A. Williams

University of New Orleans Theses and Dissertations

Throughout the pages of my thesis, I comprehensively analyze the processes, intentions, and production of my thesis film Stay Woke. My examination will exhaustively probe every stage of the film from development to preproduction to production to postproduction and beyond. Individual aspects of this process including writing, casting, locations, production design, cinematography, directing, budgeting, scheduling, and postproduction workflows will be detailed. As I make elaborations in each section, I will explain my learning experiences from each day’s new tasks, challenges, and lessons. All of these things will be framed with regards to the overall goal and themes of the …

The Politics Of Shorter Hours And Corporate-Centered Society: A History Of Work-Time Regulation In The United States And Japan, Keisuke Jinno

Dissertations, Theses, and Capstone Projects

Shorter working hours drew much attention as a means of fighting unemployment and crisis in capitalism during the first half of the twentieth century. Nowadays, shorter work-time is rarely considered a policy option to fix economic or social issues in the United States and Japan. This dissertation presents a history of work-time regulation in the United States and Japan to examine how and why its developments and stalemate took place.

In the big picture, developments of work-time regulation during the first half of the twentieth century were a part of concessional modifications of class relations, a common phenomenon in many …