Law Commons^™

Nevada Legal Services: The Legal Services Corporation Restrictions And The Diminishing Capacity Of Access To Justice For The Poor, William Todd Ashmore

UNLV Theses, Dissertations, Professional Papers, and Capstones

The lofty idea of equal justice for all is not the reason legal aid began in the United States. Legal aid was born from the indignation over injustices committed against the poor. Unable to afford an attorney, the poor could not effectively assert their rights within the criminal and civil justice system. Without access to justice through the courts, the extralegal activities required to defend oneself and exact justice such as personally forcing an employer to pay rightful wages, are deemed criminal in most cases. By providing legal resources to the poor, legal aid not only brought order to society …

Incentives To Incarcerate: Corporation Involvement In Prison Labor And The Privatization Of The Prison System, Alythea S. Morrell

Master's Projects and Capstones

The United States has the highest incarceration rate in the entire world. The United States accounts for approximately 5% of the world’s population, yet it accounts for 25% of the world’s prisoners. Not only does the United States mercilessly incarcerate its own citizens, it disproportionately incarcerates African American and Latino men. This fact on its own is disturbing; however, when it is coupled with the fact that corporations profit from and lobby for an overly aggressive and ineffective criminal justice system, makes these statistics even more horrendous. Private prison companies such as Corrections Corporation of America and GEO Group admit …

Never Again: The Genocide Convention In Review, William Chalmers

Seton Hall University Dissertations and Theses (ETDs)

The 1948 Convention on the Prevention and Punishment of the Crime of Genocide was supposed to, as its title states, prevent any further genocides from occurring. In the event the United Nations could not prevent genocide the convention obligates all member States to intervene and punish those perpetrating the crime. Despite the existence of the Genocide Convention the world has witnessed several more cases of genocide, some of which the perpetrators have either not been punished or have been punished long after they have committed the crime of genocide. With a lack of prevention and punishment critics of the Genocide …

Protecting Ecosystems, Culture, And Human Rights In Chile Through Indigenous And Community-Conserved Territories And Areas, William G. Crowley

Capstone Collection

In environmental conservation circles around the world, the contributions of indigenous peoples and local communities to the sustainable maintenance of ecosystems and natural resources are being given increased attention. Whether for cultural, spiritual, economic, or other purposes, the use of traditional and local knowledge of habitat and resource management is slowly making its way into the modern environmental movement, and is being incorporated into the dominant conservation paradigms. These managed areas, known as Indigenous and Community-Conserved Territories and Areas, or ICCAs, are defined by the International Union for Conservation of Nature as “natural and/or modified ecosystems containing significant biodiversity …

Protecting Ecosystems, Culture, And Human Rights In Chile Through Indigenous And Community-Conserved Territories And Areas, William G. Crowley

Capstone Collection

In environmental conservation circles around the world, the contributions of indigenous peoples and local communities to the sustainable maintenance of ecosystems and natural resources are being given increased attention. Whether for cultural, spiritual, economic, or other purposes, the use of traditional and local knowledge of habitat and resource management is slowly making its way into the modern environmental movement. These managed areas, known as Indigenous and Community-Conserved Territories and Areas, or ICCAs, are defined by the International Union for Conservation of Nature as “natural and/or modified ecosystems containing significant biodiversity values, ecological services and cultural values, voluntarily conserved by …

A Queer Liberation Movement? A Qualitative Content Analysis Of Queer Liberation Organizations, Investigating Whether They Are Building A Separate Social Movement, Joseph Nicholas Defilippis

Dissertations and Theses

In the last forty years, U.S. national and statewide LGBT organizations, in pursuit of "equality" through a limited and focused agenda, have made remarkably swift progress moving that agenda forward. However, their agenda has been frequently criticized as prioritizing the interests of White, middle-class gay men and lesbians and ignoring the needs of other LGBT people. In their shadows have emerged numerous grassroots organizations led by queer people of color, transgender people, and low-income LGBT people. These "queer liberation" groups have often been viewed as the left wing of the GRM, but have not been extensively studied. My research investigated …

Trusting To A Fault: Criminal Negligence And Faith Healing Deaths, Ken Nickel

Electronic Thesis and Dissertation Repository

Faith healing deaths occur infrequently in Canada, but when they do they pose a considerable challenge for criminal justice. Similar to caregivers who absent-mindedly and fatally forget a child in a hot vehicle, faith healers do not intentionally harm their children. It can seem legally excessive and unjust to prosecute achingly bereaved parents. But unlike ‘hot-car’ deaths, faith healing parents are not absent minded in the deaths they cause. Rather, significant deliberation and strength of will is necessary to treat their child’s ailment with faith alone. Two different Criminal Code provisions can be brought to bear upon these deaths, namely, …

Elusive Peace, Security, And Justice In Post-Conflict Guatemala: An Exploration Of Transitional Justice And The International Commission Against Impunity In Guatemala (Cicig), Daniel W. Schloss

Electronic Thesis and Dissertation Repository

Guatemala has, until today, struggled to achieve security and justice following the end of nearly half a century of civil war in 1996. One specific institution, the International Commission Against Impunity in Guatemala (CICIG), has been implemented to rectify many of the Guatemalan state’s difficulties in establishing and maintaining the rule of law. In this thesis, I look to better explain CICIG’s role in Guatemala relative to security and justice in a post-conflict setting: I define CICIG as an institution potentially capable of building societal trust, and I explain how the inclusion of procedural justice within transitional justice can help …

Blackletter: Fiction And A Wall Of Precedent, Louis Anthony Di Leo

Dissertations

The eight stories that make up Blackletter explore situations in which people are forced to challenge the legitimacy of authority, rethink and rebuild their own identities, or confront their own involvement in human and environmental degradation. A central theme running throughout the collection is law, broadly, and the ways in which people adhere to or sometimes break from a particular rule, be it social or legislative. In each case, the role of law and its correlation to place and identity—either overt or veiled—serves as a major component of each story. In this way I locate these stories within a sociolegal …

Everything That's New Is Old Again: The Impact Of Egypt's Political Culture On The Rule Of Law And Democracy, Hesham Genidy

Maurer Theses and Dissertations

No abstract provided.

Talking Back, With Reawakened Voices: Analyzing The Potential For Indigenous California Languages Coursework At California Polytechnic State University, Logan Cooper

Ethnic Studies

The legacy of colonialism in the United States, including genocidal practices and cultural assimilation, has left Indigenous languages endangered. Native peoples, scholars, and activists have been working to revive and heal the languages of America’s first peoples, and the cultures those languages speak to, yet more work remains in the field of language revitalization. California Polytechnic State University, San Luis Obispo currently does not offer any course specifically teaching or discussing Indigenous languages, even those of the Chumash people who know the San Luis Obispo area as their ancestral homelands.

By synthesizing revitalization and Indigenous activist literature with the narratives …

Libérte, Egalité, And Fraternité: France, Rwanda, And The Road To Genocide, Rachel Refkin

Honors Theses

The following senior thesis examines France’s political, economic, and military relationship with Rwanda from 1962-present. It analyzes the questionable success of the French humanitarian intervention, dubbed Operation Turquoise, during the Rwandan genocide. Moreover, it explores how the neocolonial relationship between the two countries, and the so-called Françafrique system, while demonstrating the ways in which this relationship juxtaposed certain French notions of libérte, égalité, and fraternité. This paper explains how, before Belgian colonialism, the Hutu-Tutsi division was characterized by considerable ethnic fluidity but also social class differences. Yet, due to the fact that the Tutsi enjoyed a position of privilege during …

Henry Viii And The Irish Political Nation: An Assessment Of Tudor Imperial Kingship In 16th Century Ireland, Emily Schwartz

Honors Theses

Ireland in the 16th century was by far the most self-governed domain under the authority of King Henry VIII. Within Ireland there were two distinct groups of people, the Gaelic Irish and the Anglo-Irish, whose cultural differences divided the island into two distinct political nations. The majority of Ireland was dominated by Gaelic Irish lordships. Gaelic Irish lords recognized the English king as their overlord, but followed Gaelic customs and laws within their lordships. The small sphere of English influence in Ireland was reduced even more by the political hegemony of the Anglo-Irish magnates. The most powerful magnate, the 9th …

Diario De Perla Jimenez, Brenda Dorantes

World Languages and Cultures

The aim of this project is to present the effect of the immigration issue in the United States, with a direct focus in San Luis Obispo, and including a spread of intercultural knowledge between the Hispanic and the Caucasian community. Through a fictional short story, the manifestation of these ideas will relate to current events occurring in our society today. These events focus primarily on immigration in California, deportation issues, socioeconomic issues in Mexico, and the cultural barrier seen in Mexican and American cultures; expressed through the main character: a young college student named Perla.

My primary goal in completing …

The Art Looting Investigation Unit: Finding Their Place In World War Two History, Marykate Farber

Honors Theses

This thesis examines the work done by the Art Looting Investigation Unit (ALIU) during World War Two. The ALIU was created as a subdivision of the Office of Strategic Services (OSS), an American intelligence unit created during the war that was the predecessor of the Central Intelligence Agency. The ALIU men sought to collect and build on information regarding the Nazi “art looting machine”. As such, they bore a strong resemblance to the activities of the Museum and Fine Arts and Archives (MFAA) commission (known as the “Monuments Men”). Thanks to a recent movie starring Matt Damon and George Clooney, …

Indigenous Land Rights Of The Khoi In South Africa, Chelsea Wilkins

Senior Honors Projects, 2010-2019

Upon discussions in classes at James Madison University, I became aware of the Khoi people. I became interested in their way of life, as well as the implications of globalization and industrialization worldwide. After researching the topic, I decided I wanted to not only write my thesis on this topic, but I wanted to travel to South Africa to learn more. I wanted to know how a refreshment station at the Cape for the Dutch East India Company transformed into a fight for land that ultimately led to the extreme disenfranchisement of the Khoi people and their way of life. …

Dominican And Haitian Relations: Changing Constitutions And Migrant Rights, Tiffany Busch

Honors Projects

The Dominican Republic and Haiti share the island of Hispaniola. The two nations’ shared history can best be described as tumultuous. The French and Spanish long fought for control over the small island before ultimately becoming two independent nations. Tensions still exist between the nations. The Dominican Republic, operating under antihaitianismo, fears that the influx of Haitian people will be detrimental to the country’s economic and cultural well-being. As a result, deportations have increased. Human Rights Watch has condemned the Dominican Republic for its unethical deportation methods. Moreover, the Dominican Republic enacted a new constitution in 2010 with more …

Regulating The Dead: Rights For The Corpse And The Removal Of San Francisco's Cemeteries, Lance Muckey

UNLV Theses, Dissertations, Professional Papers, and Capstones

A specialized facet of American common law developed throughout the nineteenth century; that being mortuary law or the law of the corpse. This jurisprudence transferred limited property rights to dead bodies, which was a radical departure from the treatment of the dead under the English common law tradition that the United States had adopted after the American Revolution.

The dead fit into a unique category in law. Legally they do not exist and therefore have no voice. It thus falls to the state to speak for them in the form of statutes and judicial decisions, which represents a continuation of …

Reviving A Spirit Of Controversy: Roman Catholics And The Pursuit Of Religious Freedom In Early America, Nicholas Pellegrino

UNLV Theses, Dissertations, Professional Papers, and Capstones

Few subjects in American history have elicited as much scholarly attention as religious freedom. Yet, no study has looked at the long tradition of Catholic dissent in America. That story has been limited to narrow articles and monographs on Maryland or Catholic history even though American Catholics have participated in discourses about religious liberty since the Lords Baltimore founded Maryland in 1632. Andrew White, Thomas Copely, and Charles Carroll the Settler advocated for Catholic rights in the seventeenth century. Peter Attwood, Joseph Beadnall, and Charles Carroll of Annapolis followed in their footsteps in the beginning of the eighteenth. By the …

Creating Difference: The Legal Production Of Race In American Slavery, Shaun N. Ramdin

Electronic Thesis and Dissertation Repository

This dissertation examines the legal construction and development of racial difference as considered in literature written or set during the final years of American slavery. While there had consistently been a conceptual correspondence between black skin and enslavement, race or racial difference did not become the unqualified explanation of enslavement until fairly late in the institution’s history. Specifically, as slavery’s stability became increasingly threatened through the nineteenth century by abolitionism and racial slippage, race became the singular and explicit rationale for its existence and perpetuation. I argue that the primary discourse of this justificatory rationale was legal: through law race …

Resurrecting The "Dead" Second Amendment: How The Libertarian Legal Movement Has Shaped Gun Control Litigation, Anthony M. Sierzega

Politics Honors Papers

For nearly two centuries following its adoption, the Second Amendment was largely ignored and even referred to as a “dead amendment.” Virtually all legal scholarship considered the right protected by the amendment to be a collective right written into the Constitution to protect local militias from a powerful federal standing army. However, beginning in the late 1970s a surge of libertarian scholarship began to emerge promoting the Second Amendment as a safeguard for an individual right to bear arms without any connection to military service. Promoted by the National Rifle Association and libertarian theorists, the individual-right theory began to gain …

Virtue: A Life Of Mary Wollstonecraft, Jessica Mcgivney

Dissertations, Theses, and Capstone Projects

This thesis is a screenplay for an imagined "biopic" of Mary Wollstonecraft. Wollstonecraft has already been the subject of many biographies, each presenting their authors' own understanding of her life. Here, I present my view, guided -- to varying and sometimes conflicting degrees -- by my understanding of her own fictionalized autobiographical efforts; by my understanding of Godwin's attempted work in his Memoir of the Author of the Vindication of the Rights of Woman; by the idea that her beliefs about virtue and freedom drove her forward through her own life; by the needs of narrative structure and the challenges …

Justice Done: Outlawry Crimes In Medieval Iceland, Sarah Stapleton

Theses, Dissertations and Capstones

Examining the Grágás and sagas of Medieval Iceland demonstrates that the laws which governed Medieval Iceland were both strict and lawbreakers were punished ruthlessly when those laws were broken. Despite this, the laws protected the injured party and the families, dependents, and mortgagees of outlaws. Outlawry crimes were broken into main categories: honor crimes, violent crimes, and crimes of wealth. By examining the Grágás and sagas one can see how the laws manifested themselves in Icelandic society.

Copyrights And Creativity: The Affects Of Copyrights On Fairy Tales, Dina Arouri

Honors Program Theses

This work attempts to argue for a correlative relationship between copyright law and the evolution of literary works. It uses the laws and common practices of intellectual property to achieve this hypothesis.

The Lived Experiences Of Limited English Proficiency, Spanish-Speaking Male Ex-Offenders, Paula Nery Sanchez

Walden Dissertations and Doctoral Studies

The purpose of this phenomenological study was to explore the lived experiences of Spanish-speaking men in the United States with limited English proficiency following their release from prison. The study specifically examined the experiences of these men in their efforts to access health care treatment, housing, education, and employment in Central Pennsylvania. An empirical, phenomenological research design was employed that used self-stigma, critical race, and self-determination theories for in-depth interviews with 8 men who spent 5 to 24 years in prison. A tiered coding method was used to generate 6 interconnected themes that tell the story of these men's lives: …

India And Its Northeast Exception: From Frontier To Forefront, Akshita Manjari Bhanjdeo

Senior Projects Spring 2015

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

Las Madres De Plaza De Mayo, Then And Now: A Comparative Analysis Of Its Fractured Factions And Lasting Sybolism In Buenos Aires, Argentina, Sondra Anton

Undergraduate Research Symposium Posters

I conducted research on three different factions of the original Madres de Plaza de Mayo cause in Buenos Aires, Argentina: Asociación Madres de Plaza de Mayo, Madres de Plaza de Mayo Línea Fundadora, and Abuelas de Plaza de Mayo. Through interviews and archival research, I have completed a comparison of the three groups. I have concluded that although their original cause of demanding the whereabouts of their disappeared children united them, they are now deeply fragmented among one another due to their differing opinions of how to achieve justice in post-Dirty War Argentina. Furthermore, it is interesting to note the …

The Corporate Person: How U.S Courts Transformed A Legal Phantom Into A Powerful Citizen, Zachariah J. Demeola

Dissertations, Theses, and Masters Projects

No abstract provided.

The Political Economy Of Environmental Justice: A Comparative Study Of New Delhi And Los Angeles, Ratik Asokan

CMC Senior Theses

Though mainstream environmentalism, both in the U.S. and India, was initially rooted in social justice, it has, over time, moved away from this focus. The Environmental Justice Movement consequently arose to reunite social and environmental activism. In this thesis, I trace the historical relationship between the mainstream environmentalism, the Environmental Justice Movement, and marginalized communities. After providing this general overview, I examine two case studies – in Los Angeles and New Delhi respectively – where marginalized communities have been involved in Environmental Justice activities. My analysis reveals that marginalized communities often act in an ‘environmentalist’ or ‘environmentally friendly’ manner, without …

For The Union Makes Us Strong: The İstanbul Metal Workers And Their Struggle For Unionization In Turkey, 1947-1970, Özgür Balkılıç

Theses and Dissertations (Comprehensive)

ABSTRACT

This study is an examination of the history of organized metal labor in İstanbul, Turkey after the Second World War. It analyzes and displays the complex and intermingled historical processes within which laborers in the private metal sector of İstanbul experienced workplace relations and actively responded to them. In this regard, although recent immigrants to Istanbul were exposed to unfamiliar conditions and labor relations, they attempted to shape those new relations through several means, in particular through the establishment of trade unions. In an effort to provide a comprehensive picture of class formation in the metal sector after the …