Law Commons^™

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 …

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 …

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 …

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 …

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 …

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 …

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 …

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 …

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 …

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, …

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 …

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 …

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 …

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 …

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 …

Profiling Beyond Race: Characteristics Associated With Traffic Stop Outcomes, Megan Anderson

Electronic Theses and Dissertations

Research related to profiling and the outcome of traffic stops has generally focused on the race of the individuals involved. Little research has examined other characteristics, such as age and socioeconomic status, that may also play a role in traffic stop outcomes. The current study sought to address this limitation in two ways: (1) determine whether the characteristics of age, sex, race, social class, and demeanor are profiled during traffic stops and (2) whether these characteristics influenced the outcome of the traffic stops with regard to tickets and vehicle searches. Secondary data were utilized from the 2015 Police-Public Contact Survey. …

A Qualitative Investigation Into The Trauma Exhibited By First Responders Tackling The Opioid Epidemic In Tennessee, Thalia Sullivan

Electronic Theses and Dissertations

Recent increases in opioid overdose rates have changed the role of first responders on the front lines of this national crisis. The present study used a semi-structured qualitative interview to investigate how the increase in opioids, opioid-related harm, and opioid-related death within Tennessee has affected the first responder population. Law enforcement officers, firefighters, and paramedics (N = 30) from rural-serving counties in Tennessee completed a semi-structured interview. Eight themes emerged from the interviews: (1) mental health symptoms, including posttraumatic stress disorder and secondary traumatic stress symptoms; (2) coping behaviors; (3) available resources; (4) barriers to accessing resources; (5) recommendations …

The Tangled Roots Of The Holocaust: An Analysis Of The Evolution Of Colonial Discourse Through The Prohibition Of Sexual Relations And Marriages Between Races, Bianka Adamatti

Electronic Theses and Dissertations

The Nazi violence did not have its origins only in the brutality of the First World War or radical nationalist ideologies, but also in European colonialism. Hence, the goal of this thesis is to demonstrate that colonial processes were fundamental to the origins of the Holocaust. To prove this, I applied the content analysis to detect colonial discourse (stereotype, ambivalence, and mimicry) in three legislations from different contexts, which prohibited sexual relations and marriages between races. The documents analyzed exemplified the segregationist thinking of each period of colonization. Portuguese laws from the beginning of modernity demonstrate the transition from religious …

Focal Concerns And Case Advancement In Sexual Assault Cases: A Systematic Review And Meta-Analysis., David Stuart Lapsey Jr

Electronic Theses and Dissertations

Scholars have frequently used focal concerns to explain case advancement – suspect identification, case clearance, and arrest and charge decisions – in sexual assault cases. Indeed, focal concerns has been popularly used to explain prosecutor decision-making and, more recently, it has increasingly been used to explain police decision-making in sexual assault cases. As such, a systematic review and meta-analysis is needed to synthesize and evaluate existing literature. In this study, meta-analysis is used to estimate the overall size, strength, and direction of focal concerns variables on case advancement in sexual assault cases by using police officers’ decision to arrest and …

Violence After Victory: Explaining Variation In State Repression Following Contentious Politics, Christopher Wiley Shay

Electronic Theses and Dissertations

If conflict onset leads to increases in human rights abuse, how can these abuses be curbed once conflicts have ended? To answer this question, researchers have traditionally focused on a country’s regime type and leaders’ incentive structures. This is insufficient, I argue, because many regimes with obvious incentives to curb repression (especially democracies) fail to do so. In addition to regime-type, therefore, the answer depends on whether a given regime can count on the cooperation of its military and law enforcement institutions, which I refer to collectively as the security apparatus. This is because security agents’ prior experiences usually create …

Challenging The Limitations Of Asserting Jurisdiction: A Case Study Of The South China Sea, Joshua Villanueva

Electronic Theses and Dissertations

The South China Sea dispute challenges the future development of maritime legal order and international law. China’s behavior in the South China Sea challenges widely accepted rules governing maritime jurisdiction worldwide as it tries to expand the limits of its jurisdiction. In China’s view, the Arbitral Tribunal in Philippines v. China also challenged the jurisdiction of the UNCLOS by taking a highly political issue related to sovereignty. This thesis argues that mere rhetorical rejection of China’s actions in the South China Sea will not determine the resolution of the dispute. China’s behavior will be dependent on striking the right balance …