Law Commons^™

Exploring The Misalignment Between State And Federal Policies: Trials And Tribulations In A West Texas School District, James Dustin Anderson

Open Access Theses & Dissertations

AbstractThis dissertation examines the complex interplay between state and federal educational policies and their real-world implications within the Texas public education system. Utilizing an autoethnographic approach, the study delves into the experiences of an educational leader during the so-called West Texas School District Cheating Scandal. This event was not an instance of academic dishonesty but rather a significant misalignment between state mandates and federal requirements, specifically surrounding standardized testing protocols. The narrative, constructed through detailed vignettes, brings to life the educator's struggle against the backdrop of this policy dissonance, offering a rich analysis of the situation's ethical, administrative, and systemic …

The Intersection Of Urban Heat Islands And The Cdc Social Vulnerability Index In Two Border Cities, Ileana Morales

Open Access Theses & Dissertations

No abstract provided.

Mental Illness Labeling In Justice-Involved People, Elena Therese Vaudreuil

Open Access Theses & Dissertations

While it cannot be denied that there is a strong correlational relationship between justice-involvement and mental illness, research has demonstrated that severe mental illness is rarely the direct cause of criminal activity. However, stigmatizing attitudes towards people with mental illness are often rooted in incorrect generalizations regarding the link between mental illness and unpredictable, dangerous behavior, which can be magnified by labels (e.g., "schizophrenic" or "criminal"). This reduction of a person to a label results in a number of negative outcomes, ranging from the prejudice and inequitable treatment one may experience from groups such as justice workers, police, and employers …

Environmental Justice Issues And Sea Level Rise In Frontline Communties Along The Gulf Coast, Karla Michel Lopez

Open Access Theses & Dissertations

Sea level rise poses a great threat to coastal areas and our way of life. As flooding increases in frequency and intensity across the country, vulnerable populations become a target to its impacts. The U.S. dedicates much research to risk communication and climate change adaptation strategies; however, these coastal areas are home to a large percentage of underserved and underrepresented communities that can be challenging to meaningfully engage. The impacts of short-term sea level rise combined with long-term sea level rise will not only cause flooding, erosion, and intrusion of saltwater into freshwater resources but also increased financial consequences, such …

Associations Between Exposure To Air Pollution After A Dust Event And Hospitalizations., Estrella De Jesus Herrera-Molina

Open Access Theses & Dissertations

The Southwestern region has been identified as one of the most persistent dust producing regions of North America. Exposure to inhalable particulate matter (PM10) originating from desertic landscape during dust events/dust exposures (DEs) can reach hazardous levels. El Paso, Texas’s ambient air has reached hazardous levels of PM10 above 4000 μg/m3 with near zero visibility due to these natural events. There are very few prior studies in the southwestern United States pertaining to the associations between exposure to atmospheric aerosol after DEs and hospitalizations, nor are there many epidemiological studies globally in dusty environments where most of the atmospheric aerosol …

At The Mercy Of The Mexican Supreme Court: The Implications Of Party Capability On Indigenous People's Cases, Alan Cardenas

Open Access Theses & Dissertations

Indigenous Peoples in Mexico have long struggled in securing their rights in colonizing states. Applying party capability theory, this paper seeks to empirically understand the Mexican Supreme Court's behavior in cases pertaining to Indigenous Peoples. This paper thus evaluates the degree to which the Mexican Supreme Court is indeed an impartial actor that produces "equal protection under the law" for everyone (Galanter, 1974). Specifically, this paper examines the questions: To what extent does the Mexican Supreme Court protect Indigenous Peoples' rights? Are Indigenous Peoples legally affected by the power disparity perpetuated by the inequality in the country? This paper thus …

Mother Nature, Lady Justice: Ecofeminism And Judicial Decision-Making, Jonathan Alexis Picado

Open Access Theses & Dissertations

Ecofeminism offers a feminist perspective that links gender to how humans relate to the natural world. As such, this framework explores the connections between the oppression of nature and the oppression of women, such as widespread views that both women and nature are property, are to be dominated, and are most valuable when cultivated and curated by men. I apply this philosophical and sociological framework to judicial decision-making, where women judges should view environmental issues as women's issues and thus be more likely to vote in favor of the environmental protections relative to her male peers. I evaluate this theory …

Trials Of Belonging: Indigenous Peoples' Struggle With Law And Power In Twentieth-Century North America, Kevin Thomas Guay

Open Access Theses & Dissertations

Spanning multiple fields of scholarly inquiry, the bulk of this study concerns itself with competing notions of sovereignty, citizenship, boundary-making, and belonging in twentieth and twenty-first century Indigenous North America. Situated at the productive confluence of Borderlands history, Native American and Indigenous Studies, Critical Legal Studies, and Immigration history, this Dissertation analyzes the numerous treaties, codes, edicts, bylaws and other expressions of settler colonial jurisprudence that penetrated the everyday lives of Indigenous peoples across North America. These statutes-designed to limit Native power, dissolve Indigenous cultural identity, and strip tribal peoples of their landholdings and personhood-constituted an ongoing settler colonial project …

Exploring Paths For Water Services And Human Capabilities In U.S.-Mexico Border Colonias, Chilton Tippin

Open Access Theses & Dissertations

This Thesis examines causes and consequences of water insecurity in colonias on the U.S.-Mexico border and explores potential pathways for improving situations wherein low-income households lack reliable access to water and sewer services. Colonias are low-income, rural and/or semi-rural communities that lack basic services, such as paved streets, water, and sewer. Through in-depth interviews, surveys, and ethnographic observations, the research presented here describes needs, desires, and capabilities of residents in two high-needs Texas colonias. First, findings elucidate the lived experiences of water insecurity in colonias households, leading to an argument that lacking water access constitutes a nexus, wherein water insecurity …

Environmental Injustice And Racial/Ethnic Heterogeneity In Houston, Texas, Michel G. Loustaunau Garcia

Open Access Theses & Dissertations

This Thesis seeks to contribute to distributive environmental justice (EJ) research by analyzing racial/ethnic and intra-ethnic disparities in potential health risks from exposure to hazardous air pollutants (HAPs) in Harris County, the most populous county in Texas. Previous EJ research in this urban area has not examined intra-ethnic heterogeneity in exposure to air pollutants or attempted to compare social disparities in exposure to air pollution caused by vehicular (mobile) and point (stationary) sources. The goal of this study is to determine how the EJ implications of cancer risks from inhalation exposure to HAPs from mobile and stationary sources differ across …

Just War: New Customary International Law To Combat Violent Non-State Actor Groups?, Lisa Marie Holz

Open Access Theses & Dissertations

The issue that this study focused upon was the legitimacy of military interventions by a state against a violent non-state actor group located within another state's territory. The research sought to answer how interventions by the United States and its allies have evolved during the post 9/11 era. It additionally explored if the justification for military interventions had changed. This study used data from the Uppsala Conflict Data Program and the United Nations Security Council to create a hybrid data-set and analyzed the data for the location and number of states participating in operations against violent non-state actors ("VNSAs"). This …

The Former Asarco Demolition Fallout, A Post Study On Lead Soil Concentrations And Environmental Agents Of Redistribution In El Paso, Texas, Stephanie A. Robinson

Open Access Theses & Dissertations

The former El Paso ASARCO Smelting and Refining Co. operated between 1877 and 1999, the pyrometallurgic activity was estimated to have discharged excess of a 1,000 tons of lead (Pb) into the atmosphere from 1969-71. It was estimated 96 tons of (Pb) were emitted on an annual basis from the standing ore and fluid beds. The Environmental Protection Agency (EPA) determined that lead (Pb) is the heavy metal of the highest concentration within the vicinity of the smelter. After the smelter production ceased, flash flooding common to the southwest, such as the 2006 historic flood, increased transportation of superficial contaminants …

The Texas Sales Tax Rebate Program, Jose Angel Moreno

Open Access Theses & Dissertations

The sale tax rebate program has existed in states along the U.S. â?? Mexico border for over 60 years and, in Texas, it has been the subject of much debate regarding both its legitimacy and its efficacy in stimulating real retail sales particularly in border cities. No empirical research exists, though, that provides insight into the statistical relationships between the Texas retail sector and total certificates issued by Private Customs Brokers (PCBs) in border cities. This study fills this research gap by creating a model that tests the statistical significance of real retail sales on total certificates issued in Texas. …

Constructing A River, Building A Border: An Environmental History Of Irrigation, Water Law, State Formation, And The Rio Grande Rectification Project In The El Paso/Juárez Valley, Joanne Kropp

Open Access Theses & Dissertations

The Rio Grande in the El Paso, Texas, U.S./Juárez, Chihuahua, Mexico, Valley has a long history of human use from prehistoric to modern times. Formal irrigation began in the 1600s, mainly for viticulture, changing to cotton and pecans in the 1900s. The Rio Grande was subject to bed shifting and flooding that, after 1848, affected the location of the international boundary. During the Great Depression the U.S. and Mexican governments sponsored conservation projects to provide jobs and increase agricultural production. The 1933 “Convention - Rectification of the Rio Grande” was the culmination of interstate and bi-national agreements to divide Rio …

A Case For Cooperation: How A Binational Agreement Between The U.S. And Mexico Can Alleviate The Rapid Drawdown Of The Mesilla And The Hueco Aquifer, William Lynch Vallee

Open Access Theses & Dissertations

This study examines ways to mitigate the depletion of the Hueco and the Mesilla aquifers in the Paso Del Norte region of the United States and Mexico through a binational legal agreement. By examining the history of cooperation and disagreement between the two nations and extrapolating from three case studies (The Nubian Sandstone Aquifer, The Mountain Aquifer, and The Guarani Aquifer) the research concludes that an agreement is indeed possible and lays out a plan to implement changes.

"Only Steers And Queers Come From Texas": The Texas Sodomy Statutes And The Making Of An Other, 1860-1973, Jecoa Ross

Open Access Theses & Dissertations

This Thesis explores the history of sodomy as it has been conceptualized through the creation and enforcement of the Texas sodomy statutes between 1860 and 1973. In analyzing state court cases, legislative records, and newspaper accounts, I argue that the evolution of the concept of sodomy from its inception as a broad criminal category in the 1860 Texas sodomy statute to its more-narrow conceptualization by Texas legislators as a behavioral characteristic of homosexual status in the 1973 homosexual conduct statute was a political and historically contingent process. This process was political firstly in that it allowed for the construction of …

Latina/O High School Students' Standpoint On Environmental Justice In A Border Community: A Phenomenological Study, Cynthia Christina Ontiveros

Open Access Theses & Dissertations

This qualitative research is a transcendental phenomenology seeking to understand Latin@ high school students’ perceptions and standpoints as they participated lessons that addressed border environmental justice issues in an underrepresented, marginalized community. Seven students from Borderland High School, enrolled in a senior level course, Environmental Science, participated in the study which focused on their experiences in an environmental justice air quality thematic unit built around the complex issues surrounding a local refinery, American Smelting and Refining Company (ASARCO). The study analyzed the meaning students made and their standpoints regarding the impact of the factory and its one-hundred year history polluting …

The Impacts Of Health Status And Exposure To Environmental Toxins On Children's Grade Point Average In El Paso, Texas, Stephanie Elizabeth Clark

Open Access Theses & Dissertations

Studies in the US have found that both exposure to environmental toxins and children's general health status negatively impact children's academic achievement. This Thesis will be made of up two papers. The first examines the impact of exposure to residential air toxins from a variety of sources on student's academic achievement and the second paper incorporates a measure of children's general health status into the statistical model from the first paper. This Thesis employs National Air Toxics Assessment (NATA) risk estimates from a variety of sources and individual-level data collected through a mail survey of fourth and fifth grade school …

Environmental Assessment Of Used Motor Oil In The Ciudad Juarez-El Paso Area, Alma Leticia Figueroa

Open Access Theses & Dissertations

As a hazardous waste generated in large amounts worldwide, used motor oil (UMO) is an important issue for environmental science. UMO contains the carcinogenic and mutagenic compounds Polycyclic Aromatic Hydrocarbons (PAHs). Unless properly managed and disposed of PAHs remain in the environment, principally in sediments and soil. From such environmental sinks, PAHs can migrate to watersheds contaminate drinking water, and damage ecosystems and human health.

Generators of used oil include "businesses that handle used oil through commercial or industrial operations or from the maintenance of vehicles and equipment," (United States Environmental Protection Agency (USEPA), 2013). An example of such a …

In Search Of Refuge: Mexican Refugees And Asylum Seekers To The U.S. From 1980 To The Present, Taylor Kristine Levy

Open Access Theses & Dissertations

An estimated 130,000 Mexicans have been murdered since 2006, with another 27,000 having been officially "disappeared;" approximately 2-3% of the adult Mexican population has been forced to leave their homes due to this violence, many of whom have entered the United States seeking refuge (Molloy, 2013; Olivares, 2012). These refugees have emigrated using a variety of both authorized and unauthorized channels, with a significant (and increasing) number applying for political asylum in the United States (Lyst, 2013). This Thesis seeks to provide a historic background and comprehensive analysis of the identity and struggles of the four types of modern Mexican …

Cross-Validation Of The El Paso Risk Assessment Of Juveniles At Intake Scale (El Paso Raji), Dilata Ranadive

Open Access Theses & Dissertations

No published risk assessment instrument is designed for the specific purpose of identifying high risk first-time juvenile offenders at their first contact with the juvenile justice system. The El Paso Risk Assessment of Juveniles at Intake (El Paso RAJI) was developed by Valenzuela (2011) for this purpose. The current study had three aims: i) to assess the validity of the RAJI as a predictor of recidivism among first-time juvenile offenders, ii) to compare the predictive power of RAJI items with the predictive power of similar items from another risk assessment instrument, the Pre-Positive Achievement Change Tool (PrePACT), and iii) to …

Hispanic Communities And Environmental Justice: A Comparative Study Of Mobility And Exposure To Air Toxics In Houston, Maricarmen Hernandez

Open Access Theses & Dissertations

Environmental justice research has focused too little attention on immigrant communities. This study extends from the premise that themes of immigration and mobility among racial/ethnic minority communities must be more carefully analyzed by environmental justice (EJ) scholars. By clarifying why Hispanic people live where they live, and what factors shape their exposures to cancer risks from hazardous air pollutants, this study aims to contribute to the existing EJ body of knowledge. The analysis employs qualitative methods, implemented as part of a larger National Science Foundation-funded study. In-depth semi-structured phone interviews were conducted with randomly selected Hispanic individuals, some of whom …

Assessing The Equity Implications Of Greenspace Distribution In An Arid Region, Abdelatif Eldeb

Open Access Theses & Dissertations

In the last few decades, vegetation deterioration is receiving increased attention because of its adverse impacts on societal and human health, environmental sustainability, and quality of life. I have selected two cities in Chihuahua Desert region (El Paso and Juarez) as case study sites to develop a novel and applicable methodology for integrating remotely sensed data of different spectral and spatial resolutions into an analysis of the spatial distribution of an urban amenity. The primary objective of this research is to determine if the spatial distribution of greenspace in 2010 is equitable with respect to socio-demographics in El Paso and …

Motivations For A Source To Resist An Interrogation: Consequences To The Self Versus Consequences To An Other, Julia Labianca

Open Access Theses & Dissertations

The current research investigated the effect of situational and dispositional factors on a source's decision to confess guilty knowledge of another's actions to an interrogator. The extant literature suggests that potential consequences to the self are a major motivator for decisions to confess or resist an interrogation. Previous research also suggests that the potential consequences to the other person may also influence a source's motivations to confess guilty knowledge. Additionally, personality measures related to interdependence versus personal independence (collectivism and individualism) and individual loyalty may also influence a source's motivations to cooperate with or resist an interrogation. However, few experiments …

The Development Of The Rapport Scales For Investigative Interviews And Interrogations, Misty Christina Duke

Open Access Theses & Dissertations

The purpose of this study was to develop the Rapport Scales for Investigative Interviews and Interrogations (RS3i), a measure of rapport for use in the context of investigative interviews and interrogations. Eighty "source" participants were interviewed by 80 "interview" participants. Each source rated the interview using the Prototype RS3i-Source Version. Observer participants each viewed and rated two interviews. Exploratory analyses were done on 374 observer ratings of 20 interviews to explore the factor structure of the items and develop the final scales. The final version of the RS3i contained 32 items comprising 8 rapport scales and one Commitment to Communication …

The Effect Of Co-Witness Information And Individual Differences In Cognitive Abilities On The Suggestibility Of Pre-School Children, Rachell Leanne Jones

Open Access Theses & Dissertations

Despite nearly 25 years of research, psychologists are still learning new ways in which various demographic, psychological, social, and cognitive factors contribute to child suggestibility. Numerous facets of each area have been studied independently, but as a field, it is becoming apparent that suggestibility is also affected by complex interactions between these various components (Scullin, Kanaya, & Ceci, 2002). The current study investigated several forensic interviewing techniques and psychosocial and cognitive factors that were hypothesized to influence child suggestibility. One hundred children were randomly assigned to five interview conditions after viewing a live event. The supposed statements of a co-witness …

Deprivation And Hispanic Health Paradox: Neighborhood Effects On Children's Wheezing In El Paso, Texas, Young-An Kim

Open Access Theses & Dissertations

This study examines the impact of hypothetical health determinants - including objective and relative economic deprivation, as well as foreign-born composition -at the neighborhood-level on respiratory wheezing among Hispanic children in El Paso, Texas while accounting for individual-level covariates based on hierarchical logistic modeling (HLM). Due to El Paso's majority Latino/a population, focus is placed on the so-called "Hispanic health paradox" through analysis of the impact of neighborhood foreign-born composition on Hispanic children's wheezing. Neighborhood-level variables at the census tract-level are derived from US Census data. The percent of families in poverty and the GINI coefficient for income (income inequality) …

The Effects Of Defendant And Juror Language Use On Sentencing Recommendations, Victoria Christine Estrada

Open Access Theses & Dissertations

Spanish-language testimony is an extra-legal variable not widely studied in the legal psychology field. More emphasis has been placed on the translation of the testimony as well as accent attitudes. The current study extended research conducted by Stephan and Stephan (1986) to investigate the impact of Spanish-speaking defendants and mock-juror's language use and proficiency on sentencing recommendations. Two hundred and seventy-seven participants from the University of Texas at El Paso read a case vignette of a first-degree aggravated assault and asked were asked to provide sentence recommendations for the defendant. The defendant's testimony was presented in English or Spanish with …

A Study Of International Wastewater Challenges And Policy In The Tijuana River Watershed, Gloria Ann Villaverde

Open Access Theses & Dissertations

Since the 1930s, untreated and undertreated sewage from Tijuana, Baja California, México has been released into the Tijuana River Watershed causing contamination of the water supply, crops, the Tijuana Estuary and California beaches. Passage of the North American Free Trade Agreement (NAFTA) has exacerbated the problem by causing population and industrial growth explosions for which there have been insufficient services to meet the needs of the people. The waters of the Tijuana River flow (from México) north over the International Border, into the Tijuana Estuary, discharge out to the Pacific Ocean and often flow north, up the California Coast; therefore, …

Disparities In Park Availability, Features, And Characteristics By Social Determinants Of Health Within A U.S.-Mexico Border Urban Area, Amir Kamel

Open Access Theses & Dissertations

Background: Parks have been shown to be a key feature in the built environment that promote physical activity and positively influence health. However, a number of studies have highlighted that park availability, park features (e.g., park facilities, amenities, and aesthetic features), and park characteristics (e.g., quality/safety concerns of the park and surrounding neighborhood) are not equally distributed across neighborhoods in the U.S, specifically areas of low socioeconomic status and diverse racial/ethnic composition. The overall aim of this study was to examine and describe park availability, park features, and park characteristics, and determine their association with two social determinants of health …