Law Commons^™

Investigating Exoneration Patterns Among Juveniles, Kristin Mahan

Electronic Theses and Dissertations

Exoneration from crime has been studied among adults, but exoneration of juveniles (i.e., persons under age 18) has not been analyzed as a separate entity, despite distinct legal systems and developmental considerations. Wrongful conviction, while not always indicative of innocence, devastates lives of convicted individuals and their families, while increasing public mistrust and sometimes failing to convict truly guilty individuals. This devastation, as well as vulnerability to wrongful conviction, is significantly increased for youth who miss out on crucial developmental years, milestones, and opportunities.

In the current study, I examined differing and intersecting contributors (i.e., individual characteristics, crime characteristics, legal …

Consultation Versus Direct Special Education Services And Postschool Outcomes For Individuals With Disabilities As Assessed By Indicator 14 Data, Callie Welch

Electronic Theses and Dissertations

There is abundant research relating to transition supports and services for students with disabilities as they move out of high school into adulthood; however, relatively little is known about the relationship between the type of special education services they received and their postschool outcomes. Guided by the Social Cognitive Career Theory (SCCT) and Tennessee’s Indicator 14 survey, I sought to better understand the relationship between the type of special education services received in high school and student further schooling or employability after graduation. Data were drawn from Indicator 14 surveys from 2021 and 2024 conducted by a rural school district …

Implementing Innovative Conservation Tools: Lessons Learned From Maine's Vernal Pool Special Area Management Plan, Megan E. Leach

Electronic Theses and Dissertations

Maine’s Vernal Pool Special Area Management Plan (VP SAMP) is an innovative conservation tool that balances local economic development with the conservation of vernal pools, small ephemeral wetlands that occur predominantly on private lands. The VP SAMP, collaboratively developed by researchers and practitioners, is a locally based tool that uses an in-lieu fee mechanism to conserve vernal pools in rural areas while directing development to designated growth areas. Although the VP SAMP has been adopted by two Maine municipalities, full implementation has yet to be completed, highlighting the need to look beyond the creation of the VP SAMP tool to …

A Qualitative Exploration Of Social Capital And Its Influence On Baccalaureate Degree Completion Of First-Generation African American Men At The University Of Louisville., Joseph Marshall Goodman Iii

Electronic Theses and Dissertations

This qualitative dissertation was designed to examine influences which various forms of social capital have on post-secondary degree attainment of first-generation individuals who self-identify as African American men. Additionally, the sample population consisted of Black men who successfully matriculated to earn baccalaureate credentials across differing academic disciplines at a public historically White institution located in the mid-south region of the United States. The research data was extracted from one-on-one, semi-structured interviews using authentic dialogue through open-ended questions. Theoretical paradigms of the study involved a phenomenological approach and an ontological philosophical assumption, integrated with critical theory, critical race theory and social …

Cybercrime Victimization: Online Routine Behaviors, Guardianship, And Identity Theft Victimization In A Nationally Reflective Sample, Ifeoluwa Stella Elegbe

Electronic Theses and Dissertations

In this digital era, cybercrime victimization has emerged as a significant issue, with identity theft being one of the most prevalent forms. This study examines the relationship between online routine behaviors, guardianship, demographics, and identity theft victimization in a nationally representative sample of U.S. adults utilizing routine activities theory (RAT) as a conceptual

framework. The research applies statistical methods such as descriptive statistics, correlation analysis, and logistic regression models to examine theoretically oriented hypotheses. The

hypotheses suggest connections between different online habitual behaviors, steps taken to

protect oneself, demographic characteristics, and the extent to which one has been a victim …

Masculine Vs. Feminine Women: Verdict, Blame, And Punishment Outcomes In The Legal System, Alaina Helmerichs

Electronic Theses and Dissertations

It is commonly recognized that sentencing disparities exist between men and women who are accused of the same crime—with men often receiving harsher judgements than women. However, research explaining why this disparity exists is incomplete. Research suggests that higher levels of facial masculinity in men is tied to higher levels of criminality (Estrada-Reynolds et al., 2017); however, little research looks at this pattern amongst female defendants. The current study investigated whether the gendered appearance (masculine vs. feminine) of female defendants in different types of cases (child negligence vs. medical malpractice) affects mock jurors’ judgments about verdict, punishment, and internal blame …

A Taste Of Tradition: Exploring Geographical Indications And Indigenous Agricultural Knowledge In Canada, Rashveen Chawla

Electronic Theses and Dissertations

This thesis offers a critical analysis of the use of geographical indications (GIs) to protect food and agricultural traditional knowledge products, with a focus on Canada. The aim of this research is to contextualize questions on the use of GIs within the general framework of international and national regimes governing intellectual property rights, traditional knowledge and agriculture. It also examines the relationship between geographical indications and development in Canada's intellectual property landscape. While the analysis presented in this dissertation is specific to Canada, the insights gained from this research may be relevant to other jurisdictions considering the use of geographical …

Deconstructing Caste-Based Private Discrimination: Comparative Examination Of India And Canada, Shubham Kumar

Electronic Theses and Dissertations

"Caste" is a rigid system of social hierarchy marked by deep-rooted divisions. These divisions are upheld through patriarchal and heteronormative practices, often enforced through the looming threats of social ostracism, economic boycotts, and physical violence, which also infringe upon the rights guaranteed by the Constitution of India. While numerous legal judgments and legislations have concentrated on mitigating caste-based discrimination by state authorities and individuals in public spaces, significantly less attention has been directed towards caste discrimination in private spheres, referred to as private discrimination. Despite explicit constitutional provisions that prohibit private discrimination and enable individuals to take legal action against …

Examining The Usefulness Of Interprofessional Education (Ipe) For Legal, Social Work, & School Psychology Student Training To Support Justice Involved Youth, Mary Comis

Electronic Theses and Dissertations

The school-to-prison pipeline is defined as a set of policies that contribute to the removal of students from the school environment and into the justice system (Justice Policy Institute, 2011). These students have unique and complex needs that include educational needs, legal needs, and community needs; however, these students often lack the support necessary to assist them when navigating the complexities of the educational and legal system. As a result, the complexity of the challenges these students face can be provided through a holistic legal representation team, where a school psychologist, social worker, and lawyer, can coordinate their efforts to …

Impact Of Community-Based Care Model On Child Welfare Professionals: A Study Of Workload, Job Satisfaction, And Turnover Intent, Kerri Taylor

Electronic Theses and Dissertations

Much of the research on child welfare workers is in a traditional service model. However, there is a lack of empirical studies regarding childcare workers in a community-based care model. This study examines whether transitioning to the community-based model has positively impacted workers’ perspectives regarding turnover intention, job satisfaction, and workload manageability. A cross-sectional survey design was used with convenient sampling from a Texas Department of Family Protective Service Region that transitioned to the CBC model. The single source continuum contractor employed a sample of 125 potential respondents in the selected region. A total of 43 permanency workers responded to …

Crossing Over: A Description Of Dual Status Youth In Taylor County, Texas, Kimberly S. Putnam

Electronic Theses and Dissertations

This study explores and describes the experiences of ten dual status youth in Taylor County, Texas by examining the factors of race, sex, child welfare allegation, and juvenile justice offense. A review of the literature suggests that this population has unique challenges in and outside the courtroom, including being at increased risk for disparate outcomes in later adolescence and adulthood. This study compared single-system child welfare and juvenile justice data from Texas DFPS Region 2 and Taylor County to raw data provided on a sample of ten dual status youth identified in Taylor County from 2017–2021. Findings included a disproportionately …

The Effects Of Variations Of Victim Impact Statements On Juror Bias, Emily Sutton

Electronic Theses and Dissertations

Victim impact statements (VIS) are federally protected statements describing the physical, emotional, and financial impact of a crime on a victim. States can decide the content and timing of the VIS, resulting in much variation. Previous research has found an effect of these variations on mock juror bias in capital trials. The current study examined if variations such as changing the strength of emotion, crime type, and including sentencing recommendation within a VIS affects the judgements of mock jurors. The results showed the sexual assault VIS produced higher guilt ratings and longer sentences. Furthermore, the inclusion of a high sentencing …

Total Pit Bull Shit: Anomie And Breed Specific Legislation In Windsor, Ontario, Lauren Joy Sharpley

Electronic Theses and Dissertations

This study employs Durkheimian sociology, anomie in particular, to examine breed-specific legislation in Windsor, Ontario. This thesis is unique in that it analyses breed-specific legislation (BSL) in a way that has not been done previously, by applying a rigorous, sociological theory perspective. Other than discussions on totemism and limited discussions of animals, previous applications of Durkheim’s theories on anomie, morality and law have not focused on human-animal relationships, especially the relationship between humans and companion dogs. Human animal studies (HAS) and critical animal studies (CAS) literature has not employed the Durkheimian concept of anomie to understand human-animal relationships and BSL …

Kanoronhkwá: A Haudenosuanee Anishnawbe Woman’S View On The Impact Of The Doctrine Of Discovery On Haudenosaunee Women, Stephanie Pangowish

Electronic Theses and Dissertations

Since the colonization of Indigenous peoples on this territory, Indigenous women have faced violence, and we continue to face violence not only in political spheres but also at home; at the root of thisis the assumed sovereignty of the Canadian state over Indigenous peoples. Haudenosaunee women have long held a sacredness, a sacredness that has long been recognized by Haudenosaunee communities. Women's sacredness is outlined in our Creation Story and our Great Law of Peace. The Creation Story tells us how we interact with each other and all spiritual creation. Our Great Law of Peace is our governing law that …

Extralegal Bias In The United States Military In Sexual Assault Cases, Taylor F. Blackston

Electronic Theses and Dissertations

By evaluating the case recommendations following a preliminary hearing from military sexual assault cases from fiscal years 2016-2018, this study aims to assess whether or not extralegal factors are influencing decisions of case recommendations of assigned convening authorities. Using secondary data from the Department of Defense’s annual reports on sexual assault in the United States military (n=5,171), this study aims to answer the following questions: Do extralegal factors contribute to convening authorities’ recommendations following Article 32 hearings? If so, what extralegal factors contribute to convening authority's decision on non-judicial hearing recommendations? The results of the following analyses identified several extralegal …

Ethics In Kakadu (1988): Finding Djilile’S “True Tracks”, Natasia T. Boyko

Electronic Theses and Dissertations

Tasmanian-born Peter Sculthorpe (1929 – 2014) was one of Australia’s most iconic modernist classical composers of the twentieth century. Kakadu (1988) seems to have sparked the most controversy of Sculthorpe’s works and has become one of his most well-known pieces. In the program notes provided in the score’s foreword, Sculthorpe asserts that “the melodic material in Kakadu, as in much of my recent music, was suggested by the contours and rhythms of Aboriginal chant.” Sculthorpe attributed this melodic material to the Arnem Land chant, Djilile. Consequently, Sculthorpe has been criticized for extracting Djilile from its authentic context as …

An Examination Of Differences In Race, Gender, And Age In Processing And Outcomes Within The U.S. Criminal Justice System, Teliyah Cobb

Electronic Theses and Dissertations

Demographic factors can influence criminal justice system outcomes. We examine legal system processing in 12 U.S. states from 1976-1991. Variables included: 1) race, age, and gender; 2) violent, sexual, and drug- and alcohol-related charges; 3) level of charge; 4) charges at arrest, trial, and final disposition; 5) time-lengths between each stage; 6) dismissal, plea bargaining, and conviction; and 7) final sentencing length. Significant differences in arrest, prosecution, plea bargaining, charge severity, and final sanctioning were observed dependent on race, gender, age, and the intersectionality of these characteristics. Implications for research policy to reduce the impact of disparities are discussed.

Understanding Racial Disparate Treatment Of Juvenile Interpersonal Violent Offenders In The Juvenile Justice System Using Focal Concerns Theory., Suzanne Overstreet

Electronic Theses and Dissertations

Disproportionate minority contact (DMC) is a salient issue that has been found at every stage of the decision-making process in the juvenile justice system (Hawkins & Kempf-Leonard, 2005; Kempf-Leonard, 2007; Bishop, 2005; Leiber, Bishop, & Chamlin, 2010; Leiber & Stairs, 1999). Existing research indicates that DMC influences adjudication for drug, property, and personal crimes (Fergusson, Horwood, & Swain-Campbell, 2003; Frazier, Bishop, & Henretta, 1992; Leiber & Jamieson, 1995; Leiber & Mack, 2003; Hawkins & Kempf-Leonard, 2005; Leiber, 2015). Because intimate partner violence (IPV) is a major public health problem and global concern (Djamba & Kimuna, 2008; Goo & Harlow, 2012; …

A Cleave Within The Piney Woods: Nacogdoches, Stephen F. Austin State University And How Racial Integration Divided The Town And Gown, Caitlin Hornback

Electronic Theses and Dissertations

Stephen F. Austin State University was once the pride and joy of the city of Nacogdoches, Texas. When the Texas State Legislature began to look for a location for their new state normal school, the people of the East Texas town fought to have it built there and the Stephen F. Austin Teacher’s College opened its doors in September 1923 to a proud community. Through the trials and tribulations of early twentieth century events, the school managed to stay afloat and grow in numbers. Dr. Ralph W. Steen became the president of the college in 1958 and he oversaw a …

What Women Bring To The Fight: An Analysis Of Female Leadership In U.S. National Security, Alison Tobey

Electronic Theses and Dissertations

Women have held some of the highest-ranking national security positions in the United States, though the overall number of women in leadership positions has remained relatively small until recently. The Biden Administration has achieved gender parity in their national security leadership positions, with over fifty percent of these positions being held by women. Since this is the first time in U.S. history that women have such a significant presence in the defense field, it is important to analyze and understand the changes that can come as a result.

The purpose of this research is to broadly understand the impact that …

International Humanitarian Law And Artificial Intelligence: A Canadian Perspective, Mahshid Talebian Kiaklayeh

Electronic Theses and Dissertations

Artificial Intelligence (AI) is one of the most remarkable achievements in the technology world. AI can be used dually by both civilians and combatants, serving with both beneficial and harmful aims. In the military realm, by empowering military systems to perform most warfare tasks without human involvement, AI developments have changed the capacity of militaries to conduct complex operations with heightened legal implications. Accordingly, it is vital to consider the consequences emanating from its use in military operations. International Humanitarian Law (IHL), also known as the laws of war, or the Law of Armed Conflict (LOAC), is a set of …

Regulatory Models For Copyright Protection Of Online Musical Works: Should Ghana Follow The Eu Approach?, Kow Abekah-Wonkyi

Electronic Theses and Dissertations

In the era of digitization and internet, the relevance of appropriate copyright laws that would safeguard the rights and interests of musicians and their works on internet platforms cannot be overemphasized, given the tendency for such platforms to facilitate the unauthorized access of copyrighted contents.

In Ghana, the pervasive issues around music copyright and the internet as characterized by unlicensed access to copyrighted works on internet and digital platforms, have been subjected to some intense conversations that border on the potency of the laws, as well as the effectiveness of the various mandated state institutions in responding to such issues. …

Canadian Corporations, Human Rights Violations And Third World Extractive Industries: Justiciability In Canada?, Samsudeen Olalekan Alabi

Electronic Theses and Dissertations

Your phone, the car you drive, the bicycle you ride, the aircraft you fly, and the computer with which you are reading this thesis most likely contains minerals extracted from a mine in a Third World State where Canadian corporations are routinely implicated in human rights violations. This thesis explores whether these human rights violations committed by Canadian corporations in the extractive industries of Third World states are justiciable in Canadian courts. Based on an empirical review of caselaw between 2000 to 2020, I argue that the justiciability of all human rights violations committed in this context is not yet …

Adapting Hybrid Courts To Drive Transnational Climate Accountability, Ifeanyi Emmanuel Nwokolo

Electronic Theses and Dissertations

Climate change is a complex and transboundary problem poised to become increasingly worse unless concrete action is taken by all parties concerned to stem the catastrophe and dial back the levers to climate collapse. The brunt of climate change is being felt across the world but particularly in Global South countries with limited capacity to mitigate the damage caused by these changes. To respond to this challenge, governments acting in concert under the auspices of the UN as well as domestically are putting in place laws aimed at stemming the tide. However, legislation has come up short owing to a …

Legal Interventions And Access To Maternal Health Services By Women With Disabilities (Wwd) In Bangladesh: Lessons From Canada, Khandakar Kohinur Akter

Electronic Theses and Dissertations

This thesis investigates how and why women with disabilities are facing various kinds of barriers and challenges while accessing maternal health services. It tries to focus on the barriers in the built environment and attitudinal barriers that hinder the way of getting maternal health services by women with disabilities which they are entitled to.

A literature review discusses the major barriers which women with disabilities encounter across different jurisdictions along with Bangladesh. The literature review on the accessibility of Bangladesh and real-life stories confirms the existence of some common barriers women with disabilities face while accessing maternal health services.

Further, …

Transition Barriers Of U.S. Military Veterans With Combat Occupations, Carole Thomas

Electronic Theses and Dissertations

Many combat-occupation veterans experience difficulty translating their military occupation to a civilian occupation after they leave the military. Veterans may struggle with military culture, self-leadership, health concerns, stereotypes, and employment barriers such as disability and underemployment. In this qualitative descriptive research study, the researcher analyzed the transition barriers U.S. combat-occupation veterans experienced when entering the civilian sector and workforce. The researcher interviewed six participants via Zoom using semistructured interview questions. All participants met the criteria of being 18–29 years old, being a veteran with a combat occupation, and having a willingness to tell their transition experiences. Five of the six …

Correctional Career Pathways: A Jail Reentry Program Evaluation, Grace Gass

Electronic Theses and Dissertations

There are numerous types of reentry programs available to inmates to help avoid the cycle of recidivism. There is little research on the impacts of reentry programs in jail populations. This current study sought to provide more research in this area by evaluating a local jail reentry program’s effect on recidivism. A quasi-experimental design was used to estimate the program’s effectiveness by comparing the recidivism statistics of inmates that have participated in the reentry program to a control group of inmates that did not. Inmates in the control group were matched according to their gender, age, race, and current offense …

Access Denied: A Socio-Legal Exploration Of Access To Justice In Nigerian Wrongful Conviction Cases, Chinyere Obinna

Electronic Theses and Dissertations

Research has shown that notwithstanding the substantive and procedural laws that protect the rights of criminal defendants in Nigeria, the criminal justice system has often failed to uphold its commitment of justice to these individuals, resulting in wrongful convictions. Wrongful convictions undermine the integrity and effectiveness of the criminal justice system and result in devastating consequences on wrongfully convicted individuals. Though the reality of wrongful conviction is established in Nigeria, research on the problem is scarce. Besides, much of the available literature focuses on the legal causes of wrongful convictions without considering the broader social context. This thesis seeks to …

International Imposition Vs. Domestic Assimilation: The Criminalization Of Female Genital Cutting In Ghana, Anna Amma Sallah

Electronic Theses and Dissertations

The unassailable continuity of female genital cutting (FGC) despite its criminalization and the salience wielded over the past few decades stokes thoughts about what is missing—signifying the need to examine present legal mechanisms pertinent to FGC critically. The current research fails to consider the full breadth of the entanglement of law and culture relating to FGC, which is important because where the change of behavior is the objective of the law, social and legal norms must interact. By relying on the basis that FGC is not a normative crime but a deeply rooted cultural practice, I argue that international law …

Gender Diversity In The Boardroom And Firms Effectiveness: A Comparative Analysis Between The Nigerian And Canadian Corporate Governance Framework, Blessing C. Madu

Electronic Theses and Dissertations

This study examined the corporate governance legislative framework on gender diversity in Nigeria and Canada’s corporate boards. Despite gender disparity recognized internationally and several attempts have been made to close the gap, gender diversity in the corporate world in Nigeria still seem to experience the disparity. Thus, this study investigated why Nigerian corporate boardrooms are not gender heterogeneous, provided a comparative analysis with Canada’s corporate governance framework and provided recommendations from the comparative analysis. It further explored how Nigeria can achieve gender diversity in the boardroom. This study adopted the resource dependency and agency theory theoretical framework and used the …