Law Commons^™

Do In-State Tuition Benefits Affect The Academic Performance Of Non-Citizens? Data From Texas Public Universities, Terry K. Shaw

Theses and Dissertations

This paper investigates whether receiving in-state tuition benefits effects the academic performance of non-citizen students attending Texas public state-universities. Using data from the Texas Higher Education Opportunity Project, it examines the effect of the HB-1403 policy on contributing factors affecting academic performance of non-citizen students.

Security Districts In New Orleans, Kara Chin, Emily Siegel

Capstones

We did an investigative study of security districts in New Orleans. For nearly 20 years, neighborhoods in the city’s wealthier sections have voted to impose higher taxes only on themselves for additional security that benefits their own neighborhoods. These added patrols supplement the city’s often-criticized police. Last year, security districts raised nearly $6 million in additional revenue that isn’t shared with the rest of the city. No other major city has implemented a publicly funded law enforcement system that allows voters to funnel tax dollars for additional security that is not shared with the city at large.

Different Names For Bullying, Marco Poggio

Capstones

“There's all different forms of bullying,” says Steven Gray, a Lakota rancher and former law enforcement officer living in South Dakota. In this look into Gray’s life, we learn about two instances of bullying: the psychological and physical harassment that pushed his son, Tanner Thomas Gray, to commit suicide at age 12; And the controversial construction of an oil pipeline in an ancient tribal land that belongs to the Lakota people by rights of a treaty signed in 1851, which Gray sees as an institutional abuse infringing on the sovereignty of his people. Gray is involved in the movement that …

A Cost Of Doing Business: Defense Contracting Fraud, Shane M. English

Capstones

The federal government relies heavily on outside contractors to provide essential research and services. Following World War II, the Department of Defense and the military began to rely on approved government contractors to develop, test and improve weapons and tools used to keep soldiers and the nation safe.

Defense contracting is a massive business that commands billions of dollars a year. Despite the magnitude of the United States' contracting system, detecting fraud and preventing bad actors from continuing to profit off of the government has proven difficult. The systems at hand: civil and criminal charges, suspension and debarment have consistently …

A New Era Of Islamophobia: Muslim Women Fight To Find Place After Trump Fueled Hate, Doha Madani

Capstones

"A New Era of Islamophobia: Muslim Women Fight to Find Place After Trump Fueled Hate" focuses on the trend of violence and harassment against Muslim women from 2015 to 2016. The story weaves personal stories and expert opinions about the trend, which seemingly sparked from Donald J. Trump's campaign rhetoric regarding Muslims and minorities.

https://dohamadani.atavist.com/a-new-era-of-islamophobia

Quality Of Death People With Terminal Illnesses Are Turning To An Age-Old Method To End It All: Self-Starvation, Kazi E. Awal, Alyssa Pagano

Capstones

Voluntarily stopping eating and drinking (VSED) is getting more attention in the medical community. Though physician assisted dying legislation passed in two more states in 2016--there are now 7 states where it is legal--the practice, where doctors prescribe a lethal dose of sedatives so that terminally ill patients can end their own lives, is inaccessible to many. But fasting to death is a way for patients suffering from terminal illnesses or other debilitating diseases to end their lives on their own terms that is legal everywhere. As extreme as it sounds, research shows the process can be made comfortable with …

Not On The Menu, Kathryn Casteel, Zameena Mejia

Capstones

The element of “unwelcomeness” and the burden of proof on the plaintiff to prove sexual conduct in the workplace is one of the flaws of Title VII that make it difficult to protect victims of sexual harassment. This is particularly true in restaurants where a sexual environment is often thought of as “part of the job.” Formal complaint systems, if available, in restaurants are often flawed, even though they can pose as an affirmative defense for the defendant if they are available and a victim does not file a complaint. In the cases examined, all involved an accused supervisor or …

Running For Ayotzinapa: A Father's Marathon To Find His Son, Gustavo Martínez

Capstones

People find a world of reasons to run marathons: to fight cancer, to raise money for a charity, to fulfill a promise. But Antonio Tizapa runs for the reason that has dictated his every waking moment for more than two years: finding his son. The story is presented through a written piece and a video short documentary. It follows Tizapa through events and races in the New York City area.

http://intl-clarke.2016.journalism.cuny.edu/2016/12/30/running-for-ayotzinapa-a-fathers-marathon-to-find-his-missing-son/

Crossing Borders, Jarrett Lyons

Capstones

The United State Supreme Court declared the right to marry for LGBT people under “equal dignity in the eyes of the law,” on June 26th, 2015. The front pages of virtually every newspaper that day highlighted that proclamation. Exactly a week prior, another United States federal agency made an official declaration that didn’t make the front pages but also affected LGBTQ politics. U.S. Immigration and Customs Enforcement (ICE) issued a Transgender Care Memorandum, detailing policies for treatment trans migrants in detention facilities. The facilities have a noted history of mistreatment of transgender detainees.

Ishalaa Ortega is a transgender woman who …

Catering Hall Harbors Immigrant Families Through Underground Employment, Kimberly J. Avalos

Capstones

A catering hall in Queens serves as a hub of work for immigrant families and holds a collection of Latin American migration stories and insights into illegal immigration in the United States.

The stories of the catering hall workers—younger and older, longtime residents and new arrivals—reflect the different struggles of immigration across the different generations of immigrants who work there. Their stories also show the common bonds for the different generations and the longstanding dreams of America.

immigrantworkers.kimberlyjavalos.com

Drug Trafficking And The Presidential Family In Venezuela: The Narco Nephews, Daniela Castro

Capstones

An explosive combination of political turmoil, a deep economic crisis and critical security situation has Venezuela on the verge of collapse. Despite the alarming situation in the country, not everyone is doing so bad, especially those close to the ruling power. Ferraris, access to private aircrafts and bodyguards are only some of the privileges that only few can get access to in this impoverished South American nation.

Efrain Antonio Campo Flores, 30, and Franqui Francisco Flores de Freitas, 31 -- the nephews of the Venezuelan Presidential couple -- were found guilty of conspiring to import hundreds of kilograms of cocaine …

A Long And Pricey Road To Freedom For New York's Aging Prisoners, Khorri Atkinson

Capstones

This character-driven capstone examines the impact New York’s growing aging inmates – defined as those over 50 – have on the criminal justice system.

The stories of those who are in and have been through the system, suggest that reform effort is still dragging slowly. The sentencing policies and healthcare costs continue to have lasting consequences for inmates, their relatives and taxpayers. And early release programs, such as commutation, pardon and parole, also tend to shy away from people serving decades in prison for violent crimes because of the lingering tough-on-crime era.

https://nyagingprisoners.atavist.com/capstone-project-

No Place Like Home: Tenant Harassment And The Frailty Of Housing Court, Adam M. Shrier

Capstones

Residents across New York City—particularly those living in rent-stabilized or rent-controlled apartments—are subject to concerted, persistent harassment at the hands of landlords determined to replace them with higher-rent paying tenants or tenants who will remain compliant in response to the landlords’ negligence or illegal actions. Although tenant harassment is illegal in New York City, the laws and penalties of New York City Housing Court have proven to be an ineffective system for tenants and insufficient deterrent against landlords who stand to make significant financial gains from deregulating apartments and who often get slapped with little to no fines for their …

In The Wake Of Broken Windows Policing How Aggressive Policing Contributed To East Harlem Residents Distrust Of Police, Stephanie Daniel, Nicole Lewis, Kalalea Kalalea

Capstones

In 2015, the East Harlem neighborhood – specifically the 25th Precinct – had the highest rate of criminal court summonses amongst residential areas. At 145 summonses for every 1,000 residents, it was more than four times the citywide average, according to an analysis of data obtained from the NYPD.

Since 2010, summonses have declined as the NYPD moves towards a more community-based approach to policing. But the Broken Windows theory has left a lasting and often negative effect on the East Harlem community.

This past fall, CUNY reporters investigated how summonses have affected the relationship between East Harlem residents and …

Power And Proximity: The Politics Of State Secession, Elizabeth A. Nelson

Dissertations, Theses, and Capstone Projects

State secession is a rare occurrence in the international system. While a number of movements seek secession, the majority fail to achieve statehood. Of the exceptional successes, many have not had the strongest claims to statehood; some of these new states look far less like states than some that have failed. So what accounts for these secessions? I argue that the politics of regional actors drive the process. If a secessionist movement does not have the support of actors in the region, it will not achieve statehood. There are three mechanisms through which regional actors can determine outcomes: (1) they …

Transnational Indigenous Migration: Racialized Geographies And Power In Southern Highland Ecuador, Victoria Stone-Cadena

Dissertations, Theses, and Capstone Projects

This study examines the shifting landscape of social and economic inequalities in the remittance-dominated region of southern highland Ecuador, focusing on the transformations brought about by increased international migration since the early 2000s. The broader question is whether or not transnational migration has facilitated political and social upward mobility among indigenous communities. More specifically I ask: in what ways does indigenous identity figure in contemporary international migration practices, how does transnational indigenous migration complicate bounded notions of rural indigenous life, and how might the strategies employed by indigenous migrants transform social and economic inequalities in two small towns in the …

Better Work And Global Governance, Paul Alois

Dissertations, Theses, and Capstone Projects

This dissertation is a case study of Better Work, a program run by the International Labor Organization and the International Finance Corporation. It aims to improve working conditions and productivity in the apparel industry. The purpose of this case study is to examine the role that international organizations can play in global governance. The research presented here comes from interviews, document analysis, and an examination of quantitative data on factories’ working conditions. In-person interviews were conducted in the United States, Switzerland, Vietnam, and Indonesia; many phone interviews took place with individuals in other countries. Both publicly available documents and internal …

Descent: American Individualism, American Blackness And The Trouble With Invention, Simone White

Dissertations, Theses, and Capstone Projects

Descent is metacritical, ranging across disciplines to take up – as flash points or instances – failed attempts to revolutionize knowledge, considering these as descents, or movements into the deep, that remain stiff or un-poetic in their attitudes toward the American truisms “individualism,” “blackness” and “invention.” Beginning with William Carlos Williams’ formulation of descent (as a practice necessary for establishing national literary identity) in In the American Grain, the project resolves around the question, How can the critic make peace with her desire to dominate the object of critique by proposing its perpetual sameness in relation to the critic? …

Headhunting: Evaluating The Disruptive Capacity Of Leadership Decapitation On Terrorist Organizations, Ted Clemens Iv

Dissertations, Theses, and Capstone Projects

Leadership decapitation -- the practice of removing a leader from a position of authority through targeted killing (i.e. assassination) or arrest -- has long been a feature of counter-terrorism and counter-insurgency strategies the world over. Still, how effective is the practice of leadership decapitation in actually bringing a halt to, or even impeding, terrorist activity? Can removing top leaders of terrorist enclaves from power disrupt their groups to the point of organizational degradation or dissolution? And lastly, because no two terrorist groups are the same; when a terrorist group experiences leadership loss, how can the group be expected to react? …

Towards Collaboration Between Lawyers And Social Workers: A Content Analysis Of Joint Degree Programs, Ifem E. Orji

Dissertations, Theses, and Capstone Projects

Collaboration is a central issue in the interdisciplinary education of social work and law students. Joint JD/MSW degrees have the potential to promote collaboration between practitioners of law and social work in areas where their practices converge. The 1969 recommendations by the National Conference of Lawyers and Social Workers (NCLSW) to establish these joint degree programs assumed that collaborative learning would occur within them. However, prior research has not investigated whether or not this occurs. The purpose of this dissertation was to determine whether evidence of the intent to promote collaboration was present in written materials associated with joint degree …

Cops In Court: Assessing The Criminal Prosecutions Of Police In Six Major Scandals In The New York City Police Department From 1894 To 1994, Kevin E. Mccarthy

Dissertations, Theses, and Capstone Projects

From the 1890s to the 1990s, the police department in New York City experienced six major corruption scandals that occurred at approximately twenty-year intervals. These cyclical scandals all involved intense public attention, examination by an outside agency, and a comprehensive report calling for departmental reforms to address corruption issues. The scandals resulted in turnover of police commissioners and political fallout for sitting mayors. Police officers faced transfers, administrative sanctions, dismissals, and forced retirements. Some faced criminal prosecution.

This dissertation examines prosecutions of police in the context of the city’s changing social and political circumstances surrounding the scandals, while recognizing the …

Delusional Disorder: Treatment And The Restoration Of Adjudicative Competence, Martin Kassen

Dissertations, Theses, and Capstone Projects

Delusional disorder has long been recognized in the psychiatric nomenclature, however, low prevalence rates and prevailing clinical views about the seemingly refractory nature of delusional disorder have restricted data on clinical treatment outcomes for this illness. Similar perspectives have been noted in forensic settings where minimal data is available to guide standards of care for incompetent to stand trial (IST) delusional pretrial defendants. Rationale. While the factors explicated in Sell provide guidelines for the involuntary medication of defendants found IST, numerous questions are left unanswered regarding the restorability of pretrial delusional detainees. The proposed study investigated the competency restoration rates …

Richard A. Posner: A Study In Judicial Entrepreneurship, Sean J. Shannon

Dissertations, Theses, and Capstone Projects

This dissertation analyzes the role of Richard Posner, one of the most prolific and innovative legal thinkers over the past forty years, as a judicial entrepreneur in his efforts to persuade the legal academy and judiciary to incorporate economic principles into the judicial decision making process in market and non-market areas of the law and legal discourse and thereby to re-examine the role of the judge. Though political scientists have explored the entrepreneurial activities of policy makers and political actors, they have given little attention to the role of judges as judicial entrepreneurs. This dissertation develops a comprehensive theoretical understanding …

The Effect Of Attitudes Towards The Death Penalty On Forensic Clinical Judgments Of Competency For Execution, Eugenia Garcia-Dubus

Dissertations, Theses, and Capstone Projects

Capital punishment has been a part of the American Justice System since colonial times. A brief historical overview reveals a general tendency towards the imposition of restrictions on who is eligible for the death penalty (DP). In a series of decisions, the Supreme Court has held that the execution of an incompetent inmate is unconstitutional, but the topic is controversial among mental health professionals. The likelihood of clinician attitudes towards the DP affecting judgments of competency for execution (CFE) is discussed in the context of existing literature. The vagueness of the current CFE standard is thought to contribute to this …

Through The Gateway: Marijuana Production, Governance, And The Drug War Détente, Michael Polson

Dissertations, Theses, and Capstone Projects

Since the 1996 voter approval of medical marijuana laws in California, marijuana policy has become increasingly liberalized. Producers, however, have remained in the greyest of grey market zones. Federal anti-drug laws and supply-side tactics have intensively targeted them even as marijuana has become more licit. In this legally unstable environment, marijuana patient-cultivators and underground producers have articulated and asserted themselves politically and economically, particularly as the likelihood of full legalization has increased. This dissertation explores how producers navigated the nebulous zone between underground and medical markets. I argue that even as producers supplied marijuana to a formalizing, regulated medical industry …