Law Commons^™

A Workers' Paradise: Re-Integrating Newfoundland Into Colonial American History, Elena Hynes

Electronic Theses & Dissertations

The island of Newfoundland is conspicuous in colonial British and North American histories, most particularly and paradoxically, in its absence, a state of affairs which this study aims to help address. Multiple factors, including a paucity of documentary sources and various historiographic trends, have traditionally contributed to Newfoundland’s marginalization within colonial historical narratives. However, developments in recent years have made Newfoundland’s potential integration into the broader colonial dialogue more feasible including the advent of the Atlantic perspective, the expansion of available sources, and the work of multiple regional historians who have challenged enduring historiographic trends characterizing Newfoundland colonial settlements as …

Interpreting Undrip: Exploring The Relationship Between Fpic, Consultation, Consent, And Indigenous Legal Traditions, Jeffrey Warnock

Electronic Thesis and Dissertation Repository

This thesis addresses an interpretive question at the heart of the discourse surrounding the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP); the meaning of the principle of Free, Prior, and Informed Consent (FPIC). It argues that interpreting and implementing UNDRIP and specifically the articles requiring FPIC needs to be done in a way that meaningfully engages with and incorporates the laws of Indigenous peoples (Indigenous Legal Traditions or ILTs). This thesis explores why it is essential to discuss UNDRIP through the lens of ILTs, explores the scholarship and major interpretive schools of thought regarding FPIC, and concludes …

Roadblocks To Access: Perceptions Of Law And Socioeconomic Problems In South Africa, Kira Tait

Doctoral Dissertations

My dissertation explores ordinary Black South Africans' perceptions of the law and how these perceptions impact their views of the desirability and appropriateness of appealing to courts when they have problems accessing constitutionally guaranteed services. Specifically, I study why people choose not to use courts to secure access to water, healthcare, education, and housing when it is both legal and possible to do so. Since it transitioned to democracy, South Africa has become one of the leaders of socioeconomic rights protection through courts. It is globally recognized for its progressive constitution buttressed by an expansive system of rights and a …

Legal Construction Of Nationalism And National Identity In The Hashemite Kingdom Of Jordan, Zaina Siyam

Theses and Dissertations

Nationalism is an ideology that is not unique to one nation or one area, but it is a concept unique in the way it is defined. How it is defined and what it really is depends on where the definition is coming from. It is most important to post-colonial nations that relied and still rely on the creation of national identity and construction of an imagined community, in order to reach their liberation. Nations are imagined communities constructed through shared history, beliefs, traditions, and experiences that happen over different periods in time, between individuals that do not necessarily know each …

When Half The Neighborhood Is Missing: How To Overcome Systemic Poverty And Gentrification Following The Models Of Dudley Street And Mission Waco, Kevin A. Brown, Kevin A. Brown, Kevin A. Brown

Doctor of Ministry Projects and Theses

Abstract

By following the examples of Mission Waco and The Dudley Street Initiative, it is possible to renew a sense of beloved community by changing the narrative of poverty and gentrification by rebuilding the village through empowering the poor and marginalized.

Mission Waco and The Dudley Street Initiative are comprehensive sustainable communities because they combine numerous social and economic interventions under developed strategic plans. The principal question that this dissertation seeks to answer is whether these models can be implemented in local communities to help overcome gentrification and poverty. Implementation can be successful if we can identify the problem, rethink …

Ifis Contribution To Egypt’S Underdevelopment: The Rule Of Law And The Laws Of Poverty, Kareem Younes

Theses and Dissertations

In 2019 CAPMAS released a report estimating the percentage of extreme poverty amongst the Egyptian public at 32.5%; one in every three Egyptian lives on 1.45$ a day. In 2017 a United Nations report highlighted that on average 40,000 Egyptian died because of pollution. Those figures represent the consequences of a cumulative “development” process that encompassed the economic, political and legal fields. In particular, the thesis focuses on the role of the New Commercial Law in disadvantaging vulnerable segments of the population and leading them to prison. I argue that the use of law as a tool of development in …

Tax Reform Throughout U.S. History And The Economic Impact, Jacob Christopher Michel

Honors Thesis

The three largest tax reforms in recent years, The 1986 Tax Reform Act (TRA of 1986), The Bush Tax Cuts Act, and The Tax Cuts and Jobs Act (TCJA), differed in the treatment of taxable income through capital gains tax rate, depreciation treatment, limitation of losses, standard deduction, and the marginal rates in general. These provisions were studied to provide insight into how they affected various stakeholders. The TRA of 1986 and the Bush Tax Cuts Act have data determining whether they benefitted high-income taxpayers to the highest extent. The low-income taxpayers were also given tax breaks, however, not to …

When Does A Cyber Crime Become An Act Of Cyber Warfare, Luke Dickeson

Theses/Capstones/Creative Projects

Since the existence of the online world, cyber attacks have been a threat. As the online world has developed and evolved so have the attacks on them. The advancement of technology has meant the advancement and increased complexity of cyber attacks.

Cyber attacks can be broken into two categories. The first is cyber crimes, and the second is cyber warfare. The difference between these two is not black and white, but rather a very murky grey. There is no agreed upon definitive line that separates cyber attacks and cyber crimes. This is because the definitions are so eerily similar, and …

Insider Trading As A Precursor To Modern Business Ethics, Robyn Coleman

Finance Undergraduate Honors Theses

There has been a recent change in business that there is more focus on the “stakeholder approach” than shareholder primacy. This can be attributed to the early actions and illegality of insider trading that expected a step beyond a solely economic approach. This attitude was then replicated to become what we see as the modern business approach. Business now includes ethical investing, environmental focus, corporate citizenship, and emphasis on multiple stakeholders that was not always there. Companies have embraced this position while others have been criticized for not doing so. As this approach develops and changes, it will be enlightening …

Legal Research & Writing: An Undergraduate Pre-Law Course Design, Rachel Kathleen Strieber

Senior Theses

The purpose of this project-based thesis is to develop an undergraduate pre-law course that teaches legal research and writing (LRW) and to design its respective description, topics, reading materials, sample syllabus document, and a sample lesson plan. The research portion of this thesis will study the pedagogy of LRW and the connection between LRW skills and the students’ success in law school and careers in law. Preparing students to excel in LRW skills prior to law school through the proposed undergraduate pre-law LRW course will yield a stronger performance in a first-year law LRW course to follow and amplify students’ …

A Case Study Of Private School Choice And Education Litigation In South Carolina: Safe Grants And Adams V. Mcmaster (S.C. 2020), Lyndsey Katherine Ebener

Senior Theses

The ideology behind private school choice endures in South Carolina. Arguments for parental choice have resurfaced periodically throughout the state’s history, particularly in moments of “crisis.” The current “crisis” moment is the COVID-19 pandemic, which created a perfect storm for the private school choice movement to gain momentum. When Governor McMaster received South Carolina’s emergency education relief funds, he capitalized on this movement with his proposed SAFE Grants program. His intention was for the SAFE Grants program to provide support through one-time tuition grants to low-income families who have children in private schools. Governor McMaster’s announcement incited an overwhelming media …

Legal Purgatory: Why Some Animals Are Neither Persons Nor Property, Sharisse Kanet

Dissertations, Theses, and Capstone Projects

All animals with non-borderline sentience are deserving of certain legal considerations independent of their use and relationship to human beings. That is, all sentient beings should have some rights. Given the current organization of the U.S. legal system, which divides all entities into property or persons, it is not surprising that animals are relegated to property status. I put forth a proposal to fix this whose central suggestion is that we create a third legal designation, legal patient, into which all non-person sentient animals (those which do not properly belong on either current category) would fit. These animals would receive …

Privacy-As-Property: A New Fundamental Approach To The Right To Privacy And The Impact This Will Have On The Law And Corporations, Sevion Dacosta

CMC Senior Theses

The most popular conception of the right to privacy stems from Warren and Brandeis’s description of privacy as “the right to be left alone.” This theory ultimately points to a more fundamental approach to the right to privacy rooted in property rights. This fundamental approach - which I call privacy-as-property - is what I establish in this paper. I argue that the Lockean concept of property that “every man has a property in his own person” provides the foundation for the right to privacy. Privacy-as-property begins with the fundamental right to control oneself. Because of this intrinsic right, your property …

Establishing State Responsibility In Mitigating Climate Change Under Customary International Law, Vanessa S.W. Tsang

LL.M. Essays & Theses

As acknowledged in the Paris Agreement’s Preamble, climate change is a “common concern of humankind.” To tackle the anthropogenic greenhouse gases (GHGs) at source, State governments played a pivotal role in implementing climate change policies. It thus justifies the approach of looking into the solutions to climate change from a state responsibility perspective. As mentioned by James Crawford, “[a]ny system of law must address the responsibility of its subjects for breaches of their obligations.” The finding of state responsibility in mitigating climate change will complement the treaty-based climate change regime, providing grounds for climate change litigations and policy formulation.

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The Impact Of Particular Provisions Of The 2017 Tax Cuts And Jobs Act On The United States Economy Amidst The Covid-19 Pandemic, Hillary Obinna Maduka

LL.M. Essays & Theses

The Tax Cuts and Jobs Act is the most significant overhaul of the U.S. federal tax system in the last two decades. This paper seeks to discuss some of its most significant provisions and examine their overall impact on the U.S. economy, especially throughout the ongoing coronavirus pandemic.

This paper begins by undertaking an overview of the legislative history of the Act and then proceeds to discuss three provisions of the Tax Cuts and Jobs Acts which have had a tremendous impact on the U.S. economy by altering some major provisions of the United States Internal Revenue Code of 1986. …

The Effects Of National Security On Supreme Court Case Decisions Involving Civil Liberties, Callie Gerzanics

Williams Honors College, Honors Research Projects

This research project will analyze the effects that national security laws and tensions have on civil liberties and Supreme Court case decisions. National security has been a primary objective for the United States of America for as long as wars have been fought and enemies have been made. National security continues to be a concern for the U.S. government, especially with the prominence of technology that has made the U.S. more vulnerable to breaches in security, such as cybernetic attacks. The motivations behind this project stem from a concern of how national security can influence Supreme Court decisions, police arrests, …

How Can An Economic Analysis Affect The Understanding Of A Court’S Decision?, Yanni N. Kakouris

Honors Theses and Capstones

No abstract provided.

Lessons And Opportunities For Negotiation Teachers Following The Covid-19 Pandemic, Ana Lenard

LL.M. Essays & Theses

In 2020-2021, and resulting from the Covid-19 pandemic, I taught and studied university negotiation courses online. In this essay I reflect on my experiences of teaching and learning online, ground them in pedagogical research, and distil key lessons and opportunities for negotiation teachers across three topics (creating inclusive classrooms, the role of technology, and equipping our students to meet the demands of the modern world). Teaching online has led to a collective upskilling in our understanding of our students, of what matters in life, and of how technology can enhance our teaching. We have agency in our classrooms to help …