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Full-Text Articles in Law

Wrongful Convictions As A Result Of Public Defender Representation., Annie Elizabeth Ross Dec 2010

Wrongful Convictions As A Result Of Public Defender Representation., Annie Elizabeth Ross

Electronic Theses and Dissertations

Our criminal justice system works very hard to prevent criminals from harming other individuals; however, unfortunately mistakes happen. One wrongful conviction is one too many. There are multiple factors that can be assumed to be the cause of wrongful convictions. However, due to the lack of directly related research, the determents are not well established. The following research addresses wrongful convictions as a result of public defender representation. Through the process of theory construction, the research uses critical race theory and social disorganization theory to show the relationship between court appointed representation and wrongful convictions. A new theory is also …


Antidiscrimination Rights Of Contingent Workers In The United States, Hyun Joo Kang Dec 2010

Antidiscrimination Rights Of Contingent Workers In The United States, Hyun Joo Kang

Maurer Theses and Dissertations

Title VII of the Civil Rights Act of 1964 prohibits an employer's discriminatory employment practices against an employee on the basis of race, color, religion, gender, or national origin. Most contingent workers in the United States are faced with discriminatory employment practices, such as low wages and low or no benefits, and they are disproportionately women and minorities. Title VII is the focal point, but Title VII has not functioned as a remedy for contingent workers. This dissertation examines why contingent workers suffer discrimination, despite Title VII, and suggests possible solutions.

In the United States, the distinctive interpretation of laws …


From ‘Baggage’ To Not ‘Non-Persons’: Levy V. Louisiana And The Struggle For Equal Rights For ‘Illegitimate’ Children, Sherrie Anne Bakelar Dec 2010

From ‘Baggage’ To Not ‘Non-Persons’: Levy V. Louisiana And The Struggle For Equal Rights For ‘Illegitimate’ Children, Sherrie Anne Bakelar

UNLV Theses, Dissertations, Professional Papers, and Capstones

This study focuses on "illegitimate" children, who are more visible
than other children within the historical record because of the many laws
related to their existence. By examining this group of children, it is
possible to improve upon the framework that shapes our understanding
of childhood and provide a starting point for future studies that will
continue to illuminate children's history. Although illegitimacy laws are
as ancient as Western civilization, the key moment for the United States'
laws related to nonmarital children came in the spring of 1968 and the
pivotal decision of Levy v. Louisiana, 391 U.S. 68 (1968). …


Sex And The Supremes: Towards A Legal Theory Of Sexuality, Elaine Craig Oct 2010

Sex And The Supremes: Towards A Legal Theory Of Sexuality, Elaine Craig

PhD Dissertations

This thesis examines how the Supreme Court of Canada, across legal contexts, has tended to conceptualize sexuality. It focuses primarily on areas of public law including sexual assault law, equality for sexual minorities, sexual harassment and obscenity and indecency laws. There were a number of trends revealed upon reviewing the jurisprudence in this area. First, the Court’s decisions across legal contexts reveal a tendency to conceptualize sexuality as innate, as a pre-social naturally occurring phenomenon and as an essential element of who we are as individuals. This is true whether one is speaking of the approach to gay and lesbian …


A Case Study On Contracted Seasonal Workers And Farm Labor Contractors In The Stockton Area, Cristal Verduzco Jun 2010

A Case Study On Contracted Seasonal Workers And Farm Labor Contractors In The Stockton Area, Cristal Verduzco

Agribusiness

This study was conducted to define the current situation between contracted seasonal workers and farm labor contractors in the Stockton area. Specifically, this study focuses on the perception workers have of farm labor contracted employment. It also addresses the perception farm labor contractors have on the contracting business.

To gather the information needed to compare perceptions, interviews with twelve contracted seasonal workers and two farm labor contractors were conducted in Stockton. The analysis process consists of a detailed account of the problems workers and farm labor contractors encounter in the farm labor contracting business.

The results of these interviews concluded …


Civil Liberty Comparative Study Between The United States And France, Gustave A. Lele Apr 2010

Civil Liberty Comparative Study Between The United States And France, Gustave A. Lele

Theses and Dissertations

This presentation will present and analyze the French and the United States' system of "freedom and civil rights." This presentation will outline the history of each country's legal system, and their constitutions. It will define the differences between the Executive Branch, Legislative Branch, and Judicial Branch of each country. It will compare each country's ideology, philosophy and ways of thinking due to the history of their own democracy. The presentation will analyze and compare each country's civil liberties, court systems, and counter-terrorism laws recently enacted. It will make an in-depth analysis of the way each country "negotiates," which affects their …


An Analysis Of First Amendment Jurisprudence On The Supreme Court Case Of Locke V. Davey, Alexander John Herzog Apr 2010

An Analysis Of First Amendment Jurisprudence On The Supreme Court Case Of Locke V. Davey, Alexander John Herzog

UNLV Theses, Dissertations, Professional Papers, and Capstones

Scholarship programs authored by state legislatures may conflict with a state's constitution. In the case of Locke v. Davey 540 U.S. 807 (2003), Joshua Davey challenged the State of Washington's withdrawal of his Promise Scholarship claiming violation of his First Amendment rights under the United States Constitution.

This study is a historical case study analyzing the Supreme Court jurisprudence regarding legal issues concerning the issuance of state funded scholarships for the purpose of religious studies. A complete legal study was conducted that included a review of all relevant court cases, court filings, legal journals and legal briefs.

A micro legal …


Keep On Keeping On: The Naacp And The Implementation Of Brown V. Board Of Education In Virginia, Brian James Daugherity Jan 2010

Keep On Keeping On: The Naacp And The Implementation Of Brown V. Board Of Education In Virginia, Brian James Daugherity

Dissertations, Theses, and Masters Projects

On May 17, 1954, the United States Supreme Court handed down one of its most important decisions in the twentieth century. Brown v. Board of Education ordered twenty-one U.S. states, including Virginia, to end racial segregation in their public schools.

The National Association for the Advancement of Colored People (NAACP), a nationally-known African American civil rights organization, had led the legal campaign to bring about the Brown decision. After its victory, the organization focused on how to bring about the implementation of the decision in the South in order to effectuate school desegregation. In the later 1950s, the NAACP filed …


Disability In America: A Minority Group For Everyone, Nicholas W. Ostreim Jan 2010

Disability In America: A Minority Group For Everyone, Nicholas W. Ostreim

CMC Senior Theses

July 26, 2010 marked the twentieth anniversary of the Americans with Disabilities Act; the greater implications of comprehensive disability policy are yet to be seen. Nearly twenty percent of Americans have a disability. With such a significant portion of Americans affected, is equal access to employment opportunities, transportation, and communication available? The history of disability in America tells a story of isolation and institutionalization. The civil rights movement of the 1950’s and 60’s opened up an opportunity for America’s most versatile minority group. A survey conducted by the International Center for the Disabled in 1986 showed sixty-six percent of non-institutionalized …