Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 12 of 12

Full-Text Articles in Law

The Consequences Of Homophobia: Analysis Of Discriminatory Medical And Legislative Policies And Their Influence On Health Disparities, Kaiden J. Fandel May 2024

The Consequences Of Homophobia: Analysis Of Discriminatory Medical And Legislative Policies And Their Influence On Health Disparities, Kaiden J. Fandel

Honors Thesis

Are there specific roots that influence the introduction and incorporation of discriminatory medical policies? What are the sources of such stigma, discrimination, and prejudice, in what forms does such discrimination take place, and what negative impacts does such hatred have on health outcomes, quality of care, and health disparities? Through a review of existing literature on this topic, intertwining the examination of the evolution of discriminatory policies and other explanatory literature in the United States, this thesis aims to answer the questions above, and explain the roots of such homophobic discrimination and its prevalence in the United States. Through the …


Exploring The Factors That Influence Female Offending In The U.S. And Mexico, Dana Villasenor Jan 2024

Exploring The Factors That Influence Female Offending In The U.S. And Mexico, Dana Villasenor

CMC Senior Theses

Hollywood has painted a picture of the criminal woman as a sexy, sneaky, and often psychotic female fatale. This is because men run Hollywood. Much like movies, research on why women offend had historically focused on men as their stellar. However, towards the turn of the century and with the disproportionate rise in female incarceration, literature caught up to the fact that women and men do not experience the same socialization, standards, or reality and, therefore, have different reasons for and ways of offending. This research explores those reasons for women in the U.S. and Mexico and paints the picture …


The International Restitution Of Classical Antiquity: Creating Uniformity Within Museum Restitution Policy, Jacob Armentrout Apr 2023

The International Restitution Of Classical Antiquity: Creating Uniformity Within Museum Restitution Policy, Jacob Armentrout

Senior Theses and Projects

This thesis will explore the scope of the restitution debate for Greek and Italian classical antiquities and how it has evolved over the past 70 years. Chapter 1 will focus on the scholarly works of well-known figures within the restitution debate, including John Henry Merryman, James (Jim) Cuno, and Patty Gerstenblith. Their work is crucial in developing the terminology that defines the debate and also for understanding their opinions on both sides of the debate. Chapter 2 will center on claims to cultural property and restitution efforts that have been made at both the international and national level. The three …


The Effects Of “No Pro Homo” Policies On Lgbtq+ Perceptions In The American South, Isabella L. Brocato Jun 2022

The Effects Of “No Pro Homo” Policies On Lgbtq+ Perceptions In The American South, Isabella L. Brocato

Honors Theses

Five states in the American South currently have “no pro homo” policies in place, while an increasing number of bills targeting discussions about sexuality and gender identity in public schools are being introduced to House floors around the country. Although there is extensive research on the ways in which these policies put the physical and mental well-being of LGBTQ+ students at risk, there is little to no research about how they shape public perceptions of the LGBTQ+ community collectively. With inspiration from Kenneth and Mamie Clark’s social science study cited in Brown v. Board of Education (1954), this study works …


The Restitution Of Nazi-Looted Art In The United States: A Legal And Policy Analysis, Katharine J. Namon Apr 2022

The Restitution Of Nazi-Looted Art In The United States: A Legal And Policy Analysis, Katharine J. Namon

Senior Theses and Projects

Restitution of Nazi-looted art in the United States is a complicated legal and policy issue. Victims and their heirs seeking restitution of their stolen art frequently encounter inconsistent legal standards at the state, federal, and international levels. Moreover, there are many different parties involved in these cases, including countries, museums, private collections, auction houses, heirs, and individuals who may have an interest in the particular work of art. Ethics must also be considered, and in the past, international principles for nations have been established to guide the process of delivering victims of wartime looting justice. Unfortunately, the current legal framework …


Maryland’S Historically Black Institutions: In Pursuit Of Equity In Higher Education, Maureen Samedy-Cooke Jun 2020

Maryland’S Historically Black Institutions: In Pursuit Of Equity In Higher Education, Maureen Samedy-Cooke

Dissertations, Theses, and Capstone Projects

In 2013, a federal judge in the U.S. District Court of Maryland ruled in The Coalition for Equity and Excellence in Maryland Higher Education et al. v. Maryland Higher Education Commission et al., that through the practice of offering duplicative academic programs at Maryland’s Historically Black Institutions (HBIs) and their Traditionally White Institutions (TWIs), Maryland has practices in place that perpetuate a segregated higher education system, a violation of the United States Constitution and the Civil Rights Act of 1964. This dissertation examines the effect of duplicative academic programs on racial enrollment in Maryland’s Historically Black Institutions. The study draws …


Cartel Practices And Policies In The World War Ii Era, Caleb Yoken Jun 2019

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 …


The Relevance Of Caste In Contemporary India: Reexamining The Affirmative Action Debate, Shambhavi Sahai, Shambhavi Sahai Jan 2018

The Relevance Of Caste In Contemporary India: Reexamining The Affirmative Action Debate, Shambhavi Sahai, Shambhavi Sahai

CMC Senior Theses

With the changing significance of caste and caste identity, this thesis explores the role of affirmative action or "reservations" in Indian higher education. Specifically, it aims to reopen the debate on the dominance of a "creamy layer" among the OBCs in an increasingly nationalist India. Viewing caste through the lens of ethnic identity, this thesis draws comparisons between the identity of OBCs and Scheduled Castes and Tribes, OBCs of the "Hindi Belt" and OBCs of the South, followed by an analysis of the politicization of caste identity today. The thesis concludes with an evaluation of affirmative action today and possible …


Problems With Using Statistics To Justify Institutional Policies, Justin Shin Jan 2017

Problems With Using Statistics To Justify Institutional Policies, Justin Shin

Senior Projects Spring 2017

It is becoming increasingly common for institutions to use statistics to inform policy decisions. We should be prepared to ask ourselves what regulatory principles should be imposed on institutions that seek to justify certain policies through deference to a statistical analysis. This paper will examine the difficulties that come with using statistics to justify actions, and argue that certain standards of transparency and verifiability should be expected from any institution that seeks to involve a statistical analysis in the formation of policies. I will first use Market Share Liability, an established use of statistics, to draw out what responsibilities an …


Armed Drones: An Age Old Problem Exacerbated By New Technology, Grant H. Frazier Jan 2016

Armed Drones: An Age Old Problem Exacerbated By New Technology, Grant H. Frazier

Pomona Senior Theses

The purpose of this thesis is to examine the history behind and the use of militarized drones in modern day conflicts, and to conclude whether the use of these machines, with special attention to the United States, is legal, ethical, and morally defensible. In achieving the aforementioned goals, shortcomings of current policy surrounding drone warfare will be highlighted, acting as the catalyst for a proposal for changes to be made to better suit legal, ethical, and moral considerations. The proposal of a policy to help us work with armed drones is due to the fact that this thesis acknowledges that …


Interpreting, Stephanie Jo Kent Aug 2014

Interpreting, Stephanie Jo Kent

Doctoral Dissertations

What do community interpreting for the Deaf in western societies, conference interpreting for the European Parliament, and language brokering in international management have in common? Academic research and professional training have historically emphasized the linguistic and cognitive challenges of interpreting, neglecting or ignoring the social aspects that structure communication. All forms of interpreting are inherently social; they involve relationships among at least three people and two languages. The contexts explored here, American Sign Language/English interpreting and spoken language interpreting within the European Parliament, show that simultaneous interpreting involves attitudes, norms and values about intercultural communication that overemphasize information and discount …


(Re)Constituting The Immigrant Body Through Policy: A Rhetorical Analysis Of The Narratives Within The Discourses Of The Development, Relief, And Education For Alien Minors Act (Dream Act), Emily Rae Ironside May 2011

(Re)Constituting The Immigrant Body Through Policy: A Rhetorical Analysis Of The Narratives Within The Discourses Of The Development, Relief, And Education For Alien Minors Act (Dream Act), Emily Rae Ironside

Graduate Theses and Dissertations

Using the testimonies surrounding the Development, Relief, and Education for Alien Minors Act (DREAM Act) as a primary case study, this project provides a rhetorical investigation of the interplay between narratives, nation building, national identity, policymaking, and the American immigrant. This project first identifies the grand narrative of exclusionary nationalism as the primary narrative constituting the American identity. Then, this project examines the rhetoric of policymakers to demonstrate how an Anglo-Saxonized, elitist notion of American identity is rhetorically constituted by assimilationist, racist, xenophobic, and classist discourses. Moreover, it argues policymakers maintain the narrative dominance of exclusionary nationalism through restrictive immigration …