Law Commons^™

Lineamientos De Política Educativa Intercultural: Aportes Críticos Desde La Diversidad Estudiantil Indígena En La Educación Superior Convencional En Colombia, Ana María Núñez Henao

Doctorado en Educación y Sociedad

El preámbulo de la Carta Constitucional colombiana de 1991 reconoce que un componente esencial del territorio nacional es la diversidad y, en este orden de ideas, conceptos como la pluralidad étnica, religiosa, de costumbres, tradiciones y formas de vida de la población deben ser transversales en los diversos procesos de desarrollo de la sociedad. No obstante, a pesar de este reconocimiento en el caso de las Instituciones de Educación Superior (IES) se viene presentando una falencia ya que se ha perpetuado la exclusión de las comunidades indígenas al no incorporar en sus planes de estudio la perspectiva intercultural, aduciendo la …

Portland's Lost Chinatown, Artthew H. Ng

University Honors Theses

Portland's Chinatown is one of the oldest North American urban Chinatowns, but is largely unexplored in the literature. It is currently a Chinatown in name only, missing Chinese residential buildings as well as popular Chinese businesses. This article explores the mystery of Portland Chinatown's birth and death, analyzing its history with a sociological lens. It had a similar lifespan to other Chinatowns in the US. However, Portland's Old Chinatown was unique, as unlike an ethnic enclave, it did not have clearly defined boundaries, growing to cover seventy city blocks at its peak. Therefore, when urban renewal started taking place in …

“Tribal Rights Are Important Rights”: The Origins, Travails, And Impact Of The Nanticoke Lenni-Lenape Tribe V. The State Of New Jersey, Brianna Marie Dagostino

Theses and Dissertations

The purpose of this thesis was to study the lawsuit case of the of Nanticoke Lenni-Lenape Tribal Nation V. John J. Hoffman and to showcase how modern-day racism ultimately led to their federal lawsuit in 2015. Racism and racist biases over Indian gaming has affected not just the Nanticoke Lenni-Lenape tribe, but tribes all over the country and has severely hindered tribes in the state and federal acknowledgment process. There are also other tribes that have had lawsuits over racial biases of Indian gaming, which will be discussed within the thesis. By using oral histories from tribal members and allies …

Proportionality V. Categorization: The Issue Of Judicial Balancing Of Rights, Akram Mohamed

Theses and Dissertations

The fact that there is a constant conflict between individual rights and state or social interests has historically provoked the question of how to balance or harmonize such conflicting interests? On what basis shall the legislator or the judge decide in favor of this or that right in his legislation or judgement? Where shall we, for example, draw the line between the right to freedom of expression and the right to protect one’s honor and reputation? How could the legislator find the compromise between the state duty to protect fetus life and its obligation not to interfere with woman’s right …

Abortion In America After Roe: An Examination Of The Impact Of Dobbs V. Jackson Women’S Health Organization On Women’S Reproductive Health Access, Natalie Maria Caffrey

Senior Theses and Projects

This thesis will examine the limitations in access to abortion and other necessary reproductive healthcare in states that are hostile to abortion rights, as well as discuss the ongoing litigation within those states between pro-choice and pro-life advocates. After analyzing the legal landscape and the different abortion laws within these states, this thesis will focus on the practical consequences of Dobbs on women’s lives, with particular attention to its impact on women of color and poor women in states with the most restrictive laws. The effect of these restrictive laws on poor women will be felt disproportionately due to their …

Testimonios Of Latinas In The Federal Government Senior Executive Service: Honoring Women Who Excel In Public Service, Amarylis Lopez

Theses & Dissertations

The Senior Executive Service (SES) is the highest tier of executive management and leadership in the federal government. The Latino/a population has significantly increased in the past three decades with no corresponding increase in the federal workforce and the number of Latinos/as serving in the SES remains low. As Latinos/as in the SES are largely underrepresented, their ability to influence federal policies is significantly undermined. The purpose of this study is to explore the testimonios (testimonies) of Latinas in the SES to better understand their experiences while navigating entry into the SES and maintaining their respective positions.

This study used …

A Remembrance Project: The Lynching Of Brack Kinley And Luther Durrett, Addison Rogers

Undergraduate Theses

From 1882 to 1968, the National Association for the Advancement of Colored People (NAACP) estimates that 4,743 lynching’s occurred in the U.S. While other organizations report a slightly different number, the harsh reality of terror and violence remains the same. These violent acts of murder were used as a mechanism by white mobs to promote terror and enforce control upon the black community. Despite the presence of terror and violence in our current society, little is taught about such history and the people who were murdered. Instead of an emphasis on the actual history and the lives lost, the emphasis …

The Paradox Of Death Penalty Delay: A Judicial, Empirical, And Ethical Study, Zoë Gill

Senior Theses and Projects

The American death penalty has been at the center of political debates for decades. More specifically, the complexity of death penalty delay has gained significant attention from the public as well as the Supreme Court justices. Death penalty delay represents the time that transpires between when a capital crime is committed and when the execution is carried out. Today, more than half of all prisoners currently sentenced to death have been on death row for more than 18 years. This staggering statistic has ignited debate and divided the conservative justices from the liberal justices even more. This thesis will first …

The Murder Of George Floyd: A Case Study Examining How The Policing Of Black Men And Grassroots Activism Influence The Will Of Black Women To Lead, Ella Gates-Mahmoud

Doctorate in Education

This study's objective investigates the viewpoints held by Black women in two urban areas of Minnesota about the social upheaval that followed the murder of George Floyd in 2020 for using a counterfeit $20 bill. In the last decade, police killings of innocent Black people in the United States have received more attention, and Floyd's death is only one example of this phenomenon. In the U.S., the likelihood of a police officer taking the life of a Black man is higher than that of a White man. Between 2013-2019 there have been 1,641 fatal shootings of defenseless Black men by …

Children And The Cold War: Race & Hypocrisy Amid Fear Of Nuclear War, Richard D. Mctaggart Jr.

Theses and Dissertations

During the Cold War, American propaganda centered the wellbeing of the child in its messaging warning of atomic attack at the hands of the Soviet Union. However, despite American claims that all children were valued by the United States, this was proven untrue by its unequal treatment of Black children.

Comprensiones Normativas Del Derecho A La Sexualidad En Jóvenes Con Síndrome De Down, Luz Viviana Arcos Hernández, Catalina González Salinas, Luisa Fernanda Ángel Fontecha

Trabajo Social

Desde la década de 1960 la educación sexual ha venido tomando fuerza en la sociedad colombiana, desarrollándose en varias políticas, debates y problematizaciones, actualmente sigue siendo un olvido estatal e institucional. En algunas poblaciones se ha retomado el tema, en esta oportunidad destacamos las iniciativas educativas de algunas familias dispuestas a difundir conocimientos en jóvenes con Síndrome de Down (SD), retomando experiencias y saberes desde las madres integrantes de la “Organización ASDOWN”, con ello articular la sexualidad como un derecho. La presente investigación busca comprender el sentido, alcance y limitación del marco normativo sobre el derecho al desarrollo sexual en …

Diving Into Correctional Education Program Research: A Systematic Review, Evelyn Roehn

Undergraduate Honors Theses

In the last three decades, there has been a growing interest in correctional education programming and its effects on the recidivism rates of offenders. Research has concluded that programs such as general education equivalency (GED), college credit, and trade/vocational skill-building work to reduce recidivism rates among offenders. Although current research is widely accepted among scholars, several questions remain. 1) How is recidivism defined, and how does the definition change the rates? 2) How are researchers addressing selection bias in their study, and what impact does this have on their findings? 3) How are inmates with learning disabilities and language barriers …

From Fashion, To Violence, To A Forgotten Era: The Zoot Suit And Mexican-American Youth Culture In 1940’S America, Adelaide Iris Ord Treadwell

Senior Projects Spring 2023

Senior Project submitted to The Division of Social Studies of Bard College

Create Space–Create Communal Change: An Exploration Of Tactics Used By Augusta Savage And Theaster Gates, Ardel'paschal P. Sampson

Senior Projects Spring 2023

Senior Project submitted to The Division of Arts of Bard College.

From Fashion, To Violence, To A Forgotten Era: The Zoot Suit And Mexican-American Youth Culture In 1940’S America, Adelaide Iris Ord Treadwell

Senior Projects Spring 2023

Senior Project submitted to the Division of Social Studies of Bard College.

Equitable Funding For Trauma Informed Social Policy: A Critical Analysis Of The 2019-2020 Pennsylvania Department Of Education School Safety And Security Grant Program, Heather Bickley

West Chester University Doctoral Projects

This study is a critical analysis of the funding distribution of the 2019-2020 Pennsylvania Commission on Crime and Delinquency (PCCD) School Safety and Security Grant (SSSG) to identify if there is evidence of inequity in the grant's funding distribution. It used a theoretical framework that includes a transformative paradigm with trauma informed social policy as a theoretical lens, with the conceptual lenses education debt and distributive justice, applied to a concurrent mixed methods design. The research followed a QuantCrit methodology, and the features of a critical policy analysis were used to present the findings.

The quantitative tests found several significant …

¿Por Qué No Vale La Pena Salvarnos? Experiencias De Mujeres Inmigrantes Latinoamericanas Con Políticas De Inmigración Post-9/11 Y Solicitantes De Asilo En Los Estados Unidos, Kaye Romans

Undergraduate Honors Theses

Esta tesis aborda la Crimmigration—la convergencia de las políticas criminales y la ley de inmigración—en un mundo post-9/11 en lo que se refiere a las mujeres inmigrantes latinoamericanas que buscan asilo en los Estados Unidos. Utilizando la jurisprudencia, la legislación y la erudición legal, sitúo estas políticas en el contexto más amplio de la ley de inmigración tanto a nivel nacional como internacional, centrándome en la legislación y políticas claves posteriores al 9/11 tales como la Operation Streamline, la Operation Liberty Shield y el Title 42, así como la jurisprudencia clave posterior al 9/11 que trata con las mujeres latinoamericanas …

Why Are We Not Worth Saving? Latin American Immigrant Women's Experiences With Post-9/11 Crimmigration Policies And Asylum-Seeking In The United States, Kaye Romans

Undergraduate Honors Theses

This thesis discusses Crimmigration—the convergence of criminal policies and immigration law—in a post-9/11 world as it relates to Latin American Immigrant women seeking asylum in the United States. Utilizing case law, legislation, and legal scholarship, I situate these policies in the broader context of immigration law both nationally and internationally, focusing on key post-9/11 legislation and policies such as Operation Streamline, Operation Liberty Shield, and Title 42, as well as key post-9/11 case law dealing with Latin American women seeking asylum in the United States. With these foundational understandings, I provide possible solutions that would lessen the harms presented to …

Appraising The Devos Tix Rule: Due Process In Campus Adjudication Processes, Athulya Nath

CMC Senior Theses

The increasing awareness and desire to fight sexual violence on college campuses have led to focusing campus adjudication processes on achieving justice. This thesis will analyze Betsy DeVos’s Title IX changes and explore whether she achieves due process protections in the new policy. This thesis will detail DeVos’s various changes – increased evidentiary standard, live hearing and cross-examination, narrowed definitions, reduction of responsible employees, and presumption of innocence for accused students – and how these changes are beneficial or detrimental to due process as a whole. This thesis will also explore the presence of rape culture on college campuses, the …

Intersectionality Pertaining To The Disproportionate Rates Of Black Women In Prisons And Jails, Mackenzie Heller

University Honors Theses

The incarceration rates of Black women in America surpass even all other demographics. Yet, Black women are often not on the news when discussing prison rates in the United States. Rather we see Black men, Hispanic men, and so forth. While these people do make up large portions of the prison system they are seeing a decline in their incarceration rates. Black women are often pushed to the sidelines when discussing matters that can be seen as central to their livelihoods.

This thesis addresses the intersectionality that only Black women experience and how that affects their imprisonment rates and experiences …

Freedom Isn’T Free: Why Washington State Needs To Move Beyond A Cash Bail System, Andre Jimenez

Global Honors Theses

Despite the belief that our justice system holds people “innocent until proven guilty,” for those who are unable to pay for their freedom from pretrial detention, they find the opposite to be true. The cash bail system in this country allows people to pay a court-determined fee to be released from jail after arrest while they wait for their trial. But as this paper demonstrates, the cash bail system as it currently stands in Washington State criminalizes poverty and simultaneously exacerbates racial inequities. Under this system, accused individuals who cannot afford bail, as well as their families, face extreme social …

The Problem Of Blackness In America: Becoming When The Being Never Comes To Be, Nkiru Anyaegbunam

Dissertations, Theses, and Capstone Projects

The problem of Blackness in America is a consequence of the historical reality and continued legacies of colonialism, the triangular trade and chattel slavery that have been facilitated through violence and capitalism. This thesis will argue that this problem that is pronounced through racialized institutional systems of violence such as mass incarceration and housing inequality, which disproportionately negatively impacts Black Americans is part of a larger discourse on the human and (mis)recognition. This violence has created a quintessential incompleteness for Black Americans who neither are recognized as citizens nor human. The problem of Blackness will be continuously grounded in this …

Assessing The Accessibility Of The Judicial System's Arrest-To-Parole Timeline For People Who Are D/Deaf And Hard-Of-Hearing, Evelyn G. Birnbaum

University Honors Theses

The judicial system is inaccessible to many groups of people for a variety of reasons, one of those populations being the d/Deaf and Hard of Hearing community (DHH). This community faces prejudice and discrimination in many institutions because of their identity, but within the justice system, this prejudice is compounded and controlled by poor legislation and either the lack of, or barriers to, effective communication. At every point in the chronological timeline from getting arrested to achieving parole, individuals who are d/Deaf or Hard of Hearing face discrimination and obstacles that their hearing counterparts do not. The discrimination they face …

Where The Rainbow Ends: The Hidden Humanitarian Crisis For Members Of The Lgbtqia+ Community In International Business, John R. Krendel

Senior Honors Projects, 2020-current

Before pursuing an international career, members of the LGBTQIA+ community must be aware of the hardship that may be exacerbated by living and working abroad. This study addresses the trends in laws, including employment and anti-discrimination laws, that provide and restrict certain rights of members of the LGBTQIA+ community in eight countries. These nations, both progressive and discriminatory, include the United States, England, Switzerland, Germany, Taiwan, China, the Philippines and Kazakhstan. Eight LGBTQIA+ business professionals spoke on their experiences living and working in each of these countries and provided advice to members of the community wishing to pursue an international …

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 …

Redressing The Past To Repair The Present: The Role Of Property Law In Creating And Exacerbating Racial Disparities In Wealth And Poverty In Nova Scotia, Melissa Marsman

LLM Theses

For over 200 years African Nova Scotians have been fighting to confirm legal title to the land on which their ancestors were settled. In 2020, the Nova Scotia Supreme Court remarked “the lack of clear title and the segregated nature of their land triggered a cycle of poverty for black families that persisted for generations.” Nova Scotia has a long history of obscure land titles; however, the ensuing cycle of poverty appears to have disproportionately impacted African Nova Scotians. This thesis reframes the African Nova Scotian land titles discourse into a broader understanding about systemic anti-Black racism and White supremacist …

Beyond Compliance: Critical Perspectives In Supporting Institutionally Underserved Survivors Of Sexual Violence, William A. Martinez

Masters Theses

Interpersonal and sexual violence on college campuses is rampant. While federal legislation exists to support survivors of interpersonal violence in higher education via the Violence Against Women Act, Title IX, and Clery Act, support specifically for institutionally underserved survivors of interpersonal violence (IUS) tends to be limited in nature. Because of this deficit, institutionally underserved students and survivors of interpersonal violence are often left unsupported by interpersonal violence prevention staff members (IVPSM). Through semi-structured interviews, this critical multisite case study collected information on the perceptions of IVPSM on IUS support and resources, identified gaps in education on how to respond …

Unequal Treatment: An Exploration Of Immigrant-Related Factors And Likelihood Of Discrimination In The United States, Sophia Woods

Sociology and Criminology Undergraduate Honors Theses

Despite the rapid and considerable growth of the Latino population in the United States, the continual xenophobic rhetoric surrounding Latino immigration along with the nativist public policies set in place have led to higher rates of discrimination. Latino immigrant discrimination has shown to have consequences on mental health, social isolation, physical health, and trust of law enforcement. Using data from the Pew Research Center, I explored the specific factors associated with Latino immigrants that increase the likelihood of experiencing discrimination in the United States. In line with much of the prior literature, age, ethnic identity, English proficiency, Mexican origin, fear …

Amendment 4: A Movement To Reduce Ex-Felon Disenfranchisement In Florida, Hunter L. Harding

Masters Theses

The paper explores the foundations of Felon Disenfranchisement in the State of Florida and how the United States Constitution allowed for individual states to implement disenfranchisement measures. The historical foundations are necessary for understanding the implications of felon disenfranchisement and its disproportionate outcomes on minority communities. With previous attempts to change policy regarding the restoration of civil rights for those disenfranchised, a different approach was needed to solve the plagued restoration process in the State of Florida. Florida Rights Restoration Coalition, a group led by ex-felons, fostered the movement to create the ballot initiative of Amendment 4 in the 2018 …

Litigating Reproductive Rights: The Evolving Support Structure In The United States, Allison Anker

Honors Theses

The Supreme Court of the United States functions as the highest judicial body in the country, with its decisions having the capability to reverberate change across the nation. Understanding why they make certain decisions has long been a point of scholarship, with multiple theories emerging as to what exactly influences their rulings. One such theory is the support structure, proposed by Charles Epp in The Rights Revolution (1998), which is a theory exploring how social movements influence litigation and the establishment of certain rights. This theory states that legal mobilization at the Supreme Court rests “on resources, and resources for …