Law Commons^™

Greenwashing “Brown Gold”: A Critical Analysis Of Anaerobic Digesters And California’S Neoliberal Environmental Programs In Wisconsin’S Dairyland, Sarah Emily D'Onofrio

Doctoral Dissertations

Large dairy farms, also known as concentrated animal feeding operations (CAFOs), have turned to anaerobic digesters as the industry is increasingly pressured to find ways to lower their greenhouse gas emissions. Digesters are machines that turn animal waste from CAFOs into electricity and fuel which are then sold as “credits” in California’s market based climate change mitigation programs such as cap and trade and the low carbon fuel standard (LCFS) program. However, this dissertation not only challenges the assertion that digesters are “green,” but also that these programs are doing what they claim to do in a deregulated and re-regulated …

Reconciling Self-Censorship: A Qualitative Study Of The Experiences Of University Staff And Administrators, Leigh C. Morales

Doctoral Dissertations

In addition to a global pandemic, the past three years have been marked by racial, social, and political unrest. These circumstances add meaningful context to examine and better understand factors that undermine free expression and contribute to self-censorship among university staff and administrators. To date, few studies have holistically explored the unique experiences of university staff and administrators with self-censorship and how this phenomenon affects their experience on college and university campuses. Understanding why staff and administrators choose to self-censor may allow for a deeper discussion about speech climate and the degree to which colleges and universities implement and uphold …

The Use Of Amicus Briefs To Influence A Supreme Court Decision: Framing Espinoza V. Montana (2020), Anita F. Morgan

Doctoral Dissertations

The purpose of this qualitative content analysis was to examine how amici curiae frame policy preferences in amicus briefs submitted before the United States Supreme Court in the landmark case, Espinoza v. Montana (2020). The questions addressed in this study were what dominant policy frames do interest groups use to frame policy preference in Espinoza v. Montana (2020), and which (if any) policy frames found in the amicus briefs emerged in the written opinions of the United States Supreme Court?

Five a priori codes based on Semetko and Valkenburg’s (2000) generic frames were used to analyze 18 out of 45 …

African American Oral Histories Of Oak Ridge, Tennessee, Public Schools During The Early Days Of Desegregation, 1955 – 1967, Lorena B. Whipple

Doctoral Dissertations

Many traditional historical texts of the United States are missing the voiced presence of African Americans. Existing historical texts concerning desegregation in the South, and particularly in Tennessee, are missing African Americans’ experienced perspectives during racial desegregation in Oak Ridge, Tennessee. The intention of this dissertation is to use oral history as a methodology to document the memories of seven African Americans who participated in the racial desegregation of Oak Ridge, Tennessee public schools. Critical race theory is the interpretive lens used to analyze the interviews. The oral historical accounts contained in this study suggest African Americans have a unique …

Judicial Influence On Academic Decision-Making: A Study Of Tenure Denial Litigation Cases In Which Higher Education Institutions Did Not Wholly Prevail, Julee Tate Flood

Doctoral Dissertations

This study examined judicial influence on academic decision-making by identifying factors in the tenure process that have induced courts to rule against higher education institutions in litigation stemming from tenure denials. Many interdisciplinary legal and educational studies have been conducted pertaining to tenure related litigation using qualitative, quantitative, and legal research methodologies. Empirical studies have been directed at varied issues, such as the peer review process; specific claims, such as discrimination; types of institutions; or time periods. Much of this scholarship has noted the importance of judicial deference to decisions made in academia. Unique to this study was the application …

Cross-Listed Firms And Shareholder-Initiated Lawsuits: The Market Penalties Of Securities Class Action Lawsuits Against Foreign Firms, Kathryn Mary Schumann

Doctoral Dissertations

This paper examines the market penalties levied by shareholders against firms that are alleged to have violated securities laws within the U.S. Using a sample of private securities class action cases brought against foreign firms that cross-list on the major U.S. exchanges, this paper presents evidence that the enforcement risk criticism may not be as severe as initially thought. I examine market penalties at alleged violation disclosure dates and securities class action filing dates and find that each event corresponds to an economically and statistically significant loss of value for the accused firm. On average I find that the violation …

Juvenile Competence To Stand Trial: An Examination Of The Effects Of Cognitive Ability, Psychiatric Symptomatology, And Psychosocial Maturity, Aaron John Kivisto

Doctoral Dissertations

As the courts have evolved over the past 30 years towards increasingly punitive sanctions for youthful offenders, the fundamental protections afforded to adult defendants have become increasingly relevant for youthful offenders. Among these protections, the right of juveniles to be competent to stand trial has gained nearly universal recognition throughout this country’s courts. Congruent with theory and previous research, we hypothesized that age, intellectual ability, psychiatric symptomatology, and maturity would all be directly related to adolescents’ competence. It was also anticipated that adolescents in the detention sample would evidence lower maturity and competency-related abilities compared to the community sample. Expanding …

The Tennessee Death Penalty: Prosecutors, Juries And The Impact Of Race, Kristin Amber Wagers

Doctoral Dissertations

The impact of race within the American criminal justice system has seen long-term debate and has been studied by numerous social scientists. This dissertation examines the criminal justice system by analyzing data created by the Tennessee courts to determine whether race impacts the administration of Tennessee’s death penalty. This dissertation examines whether race impacts the overall administration of Tennessee’s death penalty, a Tennessee prosecutor’s decision to seek death, and a Tennessee jury’s decision to impose death. The impact of race at each stage is analyzed by logistic regression to isolate the defendant’s race, the victim’s race, and the racial interaction …